# Law No. 7438 of December 20, 1985

> Brazilian law

**Wikidata**: [Q105649866](https://www.wikidata.org/wiki/Q105649866)  
**Source**: https://4ort.xyz/entity/law-no-7438-of-december-20-1985

## Summary
Law No. 7438 of December 20, 1985 is a Brazilian statute that amends provisions of Law 5,701 of September 9, 1971 regarding the military's teaching staff, approved by the Presidency of the Federative Republic of Brazil under President José Sarney.

## Key Facts
- **Title and Citation**: Lei nº 7438, de 20 de dezembro de 1985 (Law No. 7438, of December 20, 1985), legal citation Lei nº 7438/1985
- **Country**: Applies to Brazil, published in Brasília
- **Publication Date**: 1985-12-20
- **Issuing Authority**: Approved by the Presidency of the Federative Republic of Brazil under President José Sarney
- **LXML ID**: urn:lex:br:federal:lei:1985-12-20;7438
- **Source URL**: Available at https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7438.htm
- **Language**: Written in Brazilian Portuguese
- **Main Subject**: Amends provisions regarding the military's teaching staff (Exercito), provisioning (Provimento), organizational changes (Alteração/Organização), legal norms (Normas), teachers (Professor), and public office (Cargo Público)
- **Related Law**: Amends Law 5,701 of September 9, 1971 regarding the military's teaching staff
- **Wikidata Description**: Brazilian law
- **Wikimedia Project**: Part of WikiProject Brazilian Laws

## FAQs
**What is the primary subject of Law No. 7438?**
The law primarily amends provisions of Law 5,701 regarding the military's teaching staff, focusing on organizational changes, provisioning, and legal norms for military educators.

**Who approved this law and when?**
The law was approved by the Presidency of the Federative Republic of Brazil under President José Sarney on December 20, 1985.

**What is the legal citation for this law?**
The legal citation is Lei nº 7438/1985.

**Where can the full text of this law be found?**
The full text is available at the official government website: https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7438.htm.

**What is the LXML identifier for this law?**
The LXML identifier is urn:lex:br:federal:lei:1985-12-20;7438.

## Why It Matters
Law No. 7438 of December 20, 1985 is significant as it represents a legislative amendment to the military's educational framework, addressing organizational and staffing provisions for the armed forces' teaching personnel. The law ensures continuity and standardization of military education systems while adapting to post-military regime democratic transitions in Brazil. It demonstrates the government's commitment to maintaining professional standards within the military educational sector during the transition from military to civilian governance.

## Notable For
- **Specific Amendment**: The law specifically amends provisions of Law 5,701 regarding the military's teaching staff, rather than creating new provisions from scratch
- **Military Education Focus**: Concentrates exclusively on the military's educational system and personnel, distinguishing it from broader educational legislation
- **Post-Military Regime Context**: Enacted during Brazil's transition from military dictatorship to democracy, reflecting the government's efforts to reform military structures
- **Presidential Approval**: Approved by President José Sarney, indicating governmental endorsement of military educational reforms
- **Official Publication**: Published in Brasília, the capital, following standard legislative publication procedures
- **Digital Accessibility**: Available through the official government portal, ensuring public access to the legal text

## Body
### Definition and Scope
Law No. 7438 of December 20, 1985 is a Brazilian statute that specifically amends provisions of Law 5,701 of September 9, 1971 regarding the military's teaching staff. The legislation falls under the broader category of statutes, which are formal written documents that create law, encompassing acts, executive orders, and by-laws as defined in the legal framework.

### Legal Context and Precedent
The law operates within Brazil's federal legislative system, amending an existing military education law rather than establishing new educational frameworks. It follows the standard legislative process in Brazil, requiring presidential approval and publication in the official gazette. The amendment specifically targets the military's teaching personnel, indicating a focused approach to military educational administration.

### Subject Matter and Provisions
The primary subject of the law is the military's teaching staff (Exercito), with provisions addressing:
- Organizational arrangements (Alteração/Organização)
- Provisioning systems (Provimento)
- Legal norms governing military educators (Normas)
- Professional standards for military teachers (Professor)
- Public office requirements for military educational positions (Cargo Público)

The law's text amends specific articles of the original Law 5,701, indicating it was not a complete replacement but rather an update to existing military educational regulations.

### Publication and Accessibility
The law was published in Brasília on December 20, 1985, with the official legal citation Lei nº 7438/1985. The full text is available through the official government website at https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7438.htm. The LXML identifier (urn:lex:br:federal:lei:1985-12-20;7438) provides a standardized reference for the legislation within Brazil's digital legal repository.

### Jurisdiction and Language
The law applies exclusively to Brazil and is written in Brazilian Portuguese, reflecting the country's official language requirements for legislative documents. The publication in Brasília follows the constitutional requirement for federal laws to be published in the capital city.

### Relationship to Other Legal Frameworks
The law is explicitly linked to Law 5,701 of September 9, 1971, which originally established provisions regarding the military's teaching staff. This indicates a legislative lineage where subsequent laws build upon or modify earlier military educational regulations.

### Implementation and Effect
While the source material doesn't provide specific implementation details, the law's structure suggests it would have been implemented through the military educational administration channels, affecting military academies, schools, and training institutions across Brazil. The amendment likely aimed to modernize military educational standards while maintaining the military's professional educational framework.

### Digital and Knowledge Representation
The legislation is represented in various digital knowledge systems:
- Wikidata: Described as a Brazilian law with 117 sitelinks
- Library classification: Assigned Dewey Decimal numbers 342.057 and 348.02
- Authority control: Includes GND ID 4020660-9, Library of Congress ID sh85127611, and other international library identifiers
- Semantic web: Equivalent to the `https://schema.org/Legislation` class in structured data

### Historical Context
The law was enacted during Brazil's transition from military dictatorship to democratic governance, reflecting the government's efforts to reform military structures while maintaining essential military functions. The approval by President José Sarney indicates governmental endorsement of these educational reforms during this critical period of political transition.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1985-12-20;7438)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=7438&ano=1985&data=20/12/1985&ato=d52ATQE9keBpWTcec)
3. LexML Brasil