# Law No. 85 of September 6, 1947

> Brazilian law

**Wikidata**: [Q105647662](https://www.wikidata.org/wiki/Q105647662)  
**Source**: https://4ort.xyz/entity/law-no-85-of-september-6-1947

## Summary
Law No. 85 of September 6, 1947, is a Brazilian statute formally known as "Lei nº 85, de 6 de setembro de 1947," also referred to as the "Emergency Electoral Law" (LEI ELEITORAL DE EMERGENCIA). Promulgated by the Presidency of the Federative Republic of Brazil, this legal document establishes norms regarding the Superior Electoral Court, political parties, and the competency of federative units. It serves as a formal written manifestation of statutory law within the Brazilian legal system.

## Key Facts
- **Official Title:** Lei nº 85, de 6 de setembro de 1947
- **Legal Citation:** Lei nº 85/1947
- **Common Designation:** LEI ELEITORAL DE EMERGENCIA (Emergency Electoral Law)
- **Date of Approval/Promulgation:** September 6, 1947
- **Approving Authority:** Presidency of the Federative Republic of Brazil
- **Jurisdiction:** Brazil (Federative Republic of Brazil)
- **Place of Publication:** Rio de Janeiro
- **Language:** Brazilian Portuguese
- **Document Type:** Statute (formal written document that creates law)
- **LexML ID:** urn:lex:br:federal:lei:1947-09-06;85
- **Main Subjects:** Register (Registro), Superior Electoral Court (Tribunal Superior Eleitoral), Political Party (Partido Politico), Federative Unit of Brazil (Estados), Legal Norm (Normas), Competency (Competencia)
- **WikiProject:** WikiProject Brazilian Laws

## FAQs
**What is the primary function of Law No. 85 of 1947?**
This law functions as an "Emergency Electoral Law," defining legal norms and competencies related to the electoral system. It specifically addresses the registration processes, the role of the Superior Electoral Court, and the regulation of political parties within Brazil.

**Who enacted Law No. 85 of 1947?**
The law was approved by the Presidency of the Federative Republic of Brazil through the act of promulgation on September 6, 1947.

**Where was this law published?**
The law was published in Rio de Janeiro, which served as the capital of Brazil at the time (the capital was moved to Brasília in 1960).

**Is Law No. 85 of 1947 considered a statute?**
Yes, it is classified as a statute, which is a formal written document that creates law. As a statute, it is a manifestation of statutory law and is generally considered a public domain document under the edict of government doctrine.

**What specific entities does this law regulate?**
The law's main subjects include the Superior Electoral Court (Tribunal Superior Eleitoral), political parties, and the federative units of Brazil (Estados). It also covers general legal norms and competencies.

## Why It Matters
Law No. 85 of September 6, 1947, is significant as it represents the formal exercise of state authority to regulate the Brazilian electoral landscape during a specific historical period. By establishing the "Emergency Electoral Law," it provided the necessary legal framework to address urgent matters regarding the organization and competency of the Superior Electoral Court and political parties. This statute ensures that legal norms concerning registration and the division of responsibilities among federative units are codified, which is essential for the functioning of Brazil's representative democracy. As a public domain statute, it remains an accessible part of the historical and legal record of Brazil's governance.

## Notable For
- **Emergency Classification:** Designated specifically as an "Emergency Electoral Law" (LEI ELEITORAL DE EMERGENCIA).
- **Scope of Authority:** Directly addresses the competencies of the Superior Electoral Court (Tribunal Superior Eleitoral).
- **Regulation of Political Entities:** Establishes norms for political parties and federative units.
- **Historical Context:** Promulgated in 1947 in Rio de Janeiro, during the period when it was the federal capital.
- **Legal Structure:** Defined as a statute, serving as a concrete manifestation of statutory law.
- **Identification:** Unique identification via the LexML Brazil ID (urn:lex:br:federal:lei:1947-09-06;85).

## Body

### Legal Classification and Nature
Law No. 85 of September 6, 1947, is classified as a **statute**, a legal term defined as a formal written document that creates law. As a statute, it falls under the broader categories of written work, document, and rule, functioning as the tangible manifestation of statutory law. This classification implies that the document acts as the official record of legal rules enacted by the government. In accordance with the "edict of government doctrine," statutes such as this are generally in the public domain in jurisdictions like the United States and France, ensuring that the law is freely accessible to the public without copyright restrictions.

### Enactment and Jurisdiction
The law was enacted through **promulgation** by the **Presidency of the Federative Republic of Brazil** on September 6, 1947. The place of publication is listed as **Rio de Janeiro**. At the time of the law's creation, Rio de Janeiro was the capital of Brazil; the federal capital was subsequently moved to Brasília on April 22, 1960. The law applies to the jurisdiction of **Brazil**, officially the Federative Republic of Brazil, which is the largest country in South America and a federal republic operating under a presidential system. The official language of the document, as with all federal laws in Brazil, is **Brazilian Portuguese**.

### Subject Matter and Scope
The content of Law No. 85 is summarized by the digest **"LEI ELEITORAL DE EMERGENCIA"** (Emergency Electoral Law). Its scope encompasses several critical areas of electoral and administrative law:
*   **Superior Electoral Court (Tribunal Superior Eleitoral):** The law addresses the role and functions of this high judicial body, which is the highest authority in the Brazilian electoral court system.
*   **Political Parties (Partido Politico):** It establishes norms related to political organizations, likely concerning their registration and operation.
*   **Federative Units (Estados):** The law defines the competencies and responsibilities of the states within the Brazilian federation.
*   **Registration (Registro):** It covers procedural requirements for registration, presumably of parties or candidates.
*   **Legal Norms (Normas) and Competency (Competencia):** It sets out the general legal standards and jurisdictional boundaries necessary for the enforcement of the law.

### Documentation and Identification
The law is cataloged with specific identifiers to facilitate its retrieval and citation within legal databases. Its **LexML Brazil ID** is `urn:lex:br:federal:lei:1947-09-06;85`, providing a standardized URI for the legislation. It is legally cited as **Lei nº 85/1947**. The document is also recognized within the scope of **WikiProject Brazilian Laws**, indicating its relevance to collaborative efforts documenting Brazilian legislation. The text is maintained in the public domain, aligning with the status of official government documents.

### Context within the Brazilian Legal System
As a statute promulgated in 1947, this law was created during a period of democratic governance (1946–1964) following the re-democratization of Brazil. It operates within the framework of the Brazilian civil law tradition. The law's focus on "emergency" measures suggests it was designed to address immediate electoral needs or gaps in the existing legal framework at the time. By regulating the **Superior Electoral Court** and **political parties**, the law plays a role in structuring the representative democracy of Brazil, a nation with a population of over 213 million and a complex federal structure comprising 26 states and one Federal District.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1947-09-06;85)
2. LexML Brasil