# Law No. 8539 of December 22, 1992

> Brazilian law

**Wikidata**: [Q105647494](https://www.wikidata.org/wiki/Q105647494)  
**Source**: https://4ort.xyz/entity/law-no-8539-of-december-22-1992

## Summary
Law No. 8539 of December 22, 1992, is a Brazilian federal statute that authorizes the Executive Branch to establish night courses in all higher education institutions linked to the Union. Enacted during the presidency of Itamar Franco, this legislation specifically targets the expansion of educational access within the federal higher education system. It serves as a formal written legal instrument regulating the creation of educational programs and the competency of federal authorities in this domain.

## Key Facts
- **Official Title:** Lei nº 8539, de 22 de dezembro de 1992.
- **Legal Citation:** Lei nº 8539/1992.
- **Publication Date:** December 22, 1992.
- **Place of Publication:** Brasília, Brazil.
- **Country of Origin:** Brazil (Federative Republic of Brazil).
- **Jurisdiction:** Applies exclusively to Brazil.
- **Language:** Brazilian Portuguese.
- **Legal Class:** Statute (a formal written document creating law).
- **Approved By:** Presidency of the Federative Republic of Brazil.
- **Promulgating Authority:** Itamar Franco (President at the time of promulgation).
- **Primary Subject Matter:** Authorization to create night courses in higher education.
- **Target Institutions:** All higher education institutions linked to the Union (Federal Government).
- **Main Subjects:** Educational institutions, regulation, higher education, creation, federal government, competency, authorization, connection, and the executive branch.
- **LexML Brazil ID:** urn:lex:br:federal:lei:1992-12-22;8539.
- **Official Source URL:** https://www.planalto.gov.br/ccivil_03/leis/1989_1994/l8539.htm.
- **Alternative Source URL:** https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=8539&ano=1992&data=22/12/1992&ato=a7eo3Y610MFpWTbe2.
- **Wikidata Description:** Brazilian law.
- **Determination Method:** Promulgation.

## FAQs
**What is the primary purpose of Law No. 8539/1992?**
The law's core function is to grant the Executive Branch the legal authority to create night-time courses within federal higher education institutions. This measure was designed to expand educational opportunities and accommodate students who require flexible scheduling.

**Who signed or approved this legislation?**
The statute was approved and promulgated by the Presidency of the Federative Republic of Brazil under the leadership of President Itamar Franco. The act of promulgation occurred on the same day as the publication date, December 22, 1992.

**Which educational institutions are affected by this law?**
The legislation applies specifically to higher education institutions that are directly linked to the Union, meaning they are part of the Federal Government of Brazil. It does not automatically extend to private or state-level institutions unless they fall under this specific federal linkage.

**Where can the full text of this law be accessed online?**
The official text is available through the Brazilian government's Planalto portal at the specific URL for laws from 1989–1994. It is also indexed in the LexML Brazil system, which provides a standardized URI for legal documents.

**What specific legal concepts does this statute regulate?**
Beyond the creation of courses, the law addresses the competency of the executive branch, the authorization process, and the administrative connection between the government and educational entities. It functions as a regulatory framework for federal educational expansion.

## Why It Matters
Law No. 8539/1992 is significant because it represents a specific legislative mechanism for expanding access to higher education in Brazil during the early 1990s. By explicitly authorizing the creation of night courses, the law addressed the need for flexible learning options for working students and the general public, thereby democratizing access to federal universities. It highlights the role of the Executive Branch in shaping educational policy through statutory authorization rather than solely through administrative decree. This statute serves as a concrete example of how Brazilian federal law manages the structural growth of its public university system. Furthermore, its existence in the LexML system and Planalto archives ensures that the legal basis for these educational programs remains transparent and accessible to the public, upholding the principle that laws governing education must be clearly documented and available.

## Notable For
- **Specific Authorization:** It is a rare example of a law dedicated solely to authorizing the creation of a specific type of academic schedule (night courses) rather than broad educational reform.
- **Federal Focus:** It strictly targets institutions "linked to the Union," distinguishing federal educational mandates from state or private sector regulations.
- **Historical Context:** Enacted during the presidency of Itamar Franco, it reflects the educational priorities of Brazil's government in the immediate post-dictatorship democratic era.
- **Digital Preservation:** The law is fully integrated into the LexML Brazil project with a unique URN (urn:lex:br:federal:lei:1992-12-22;8539), ensuring long-term digital accessibility.
- **Executive Empowerment:** It explicitly defines the competency of the Executive Branch to manage the creation of educational offerings within federal institutions.
- **Regulatory Scope:** It covers a comprehensive set of legal concepts including authorization, connection, and regulation within a single statute.

## Body

### Identification and Classification
Law No. 8539 of December 22, 1992, is classified as a **statute**, which is defined as a formal written document that creates law. In the context of Brazilian jurisprudence, it falls under the category of federal legislation. The document is officially cited as "Lei nº 8539/1992" and is written in **Brazilian Portuguese**. It is an instance of a legal term and concept, functioning as the concrete manifestation of statutory law within the Brazilian legal system. The law is indexed in major knowledge bases, including Wikidata, where it is described simply as a "Brazilian law."

### Legislative History and Promulgation
The statute was enacted on **December 22, 1992**, a date that marks both its approval and publication. The legislative process culminated in the **promulgation** of the law by the **Presidency of the Federative Republic of Brazil**. At the time of this enactment, the head of state was **Itamar Franco**, who is explicitly listed as the authority associated with the approval. The place of publication was **Brasília**, the federal capital of Brazil. The determination method for the law's validity is recorded as "promulgation," signifying the formal act by which the executive branch certifies the law's existence and orders its publication.

### Core Provisions and Subject Matter
The primary function of Law No. 8539 is to **authorize the Executive Branch** to create **night courses**. This authorization is not general but is specifically limited to **all higher education institutions linked to the Union**. The law addresses several interconnected legal subjects:
- **Educational Institution:** The law targets entities defined as "Instituição Educacional."
- **Higher Education:** The scope is strictly "Ensino Superior" (Higher Education).
- **Creation:** The central action permitted is the "Criação" (creation) of new academic programs.
- **Federal Government:** The entities involved are those under the "União Federal" (Federal Government).
- **Competency:** The law defines the "Competencia" (competency) of the executive to manage these educational expansions.
- **Authorization:** The legal mechanism is an "Autorização" (authorization) rather than a direct mandate.
- **Connection:** It establishes the "Vinculação" (connection) between the government and the institutions.
- **Executive Branch:** The "Executivo" is the specific branch empowered to act.
- **Regulation:** The law serves as a "Regulamentação" (regulation) for these specific educational activities.

### Jurisdiction and Applicability
The law applies exclusively to the **jurisdiction of Brazil**. It is a federal statute, meaning its authority is derived from the national government and applies to federal entities across the country. The legal citation "Lei nº 8539/1992" is the standard reference used in legal documents and academic research to identify this specific text. The law does not extend to state or municipal levels unless those entities are explicitly "linked to the Union" as federal institutions.

### Digital Access and Metadata
In the modern digital era, Law No. 8539 is preserved and accessible through several official channels. The **LexML Brazil** system assigns it the unique identifier `urn:lex:br:federal:lei:1992-12-22;8539`, which serves as a persistent link for the document. The full text is hosted on the **Planalto** website (the official portal of the Presidency of the Republic) at `https://www.planalto.gov.br/ccivil_03/leis/1989_1994/l8539.htm`. Additionally, the Presidency's legislative archive provides a direct link to the act: `https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=8539&ano=1992&data=22/12/1992&ato=a7eo3Y610MFpWTbe2`. These digital records ensure that the law remains available for public consultation, legal research, and historical analysis.

### Context within the Brazilian Legal System
As a statute, Law No. 8539 is part of the broader framework of **statutory law** in Brazil. It follows the standard legislative process where a draft law is created, debated, and eventually promulgated by the executive. The law is distinct from general concepts of "legislation" or "legal act" in that it is a specific, written document with a defined scope. It is categorized under the "Category:Act" in knowledge systems and is recognized as a foundational legal concept in the Brazilian context. The law's existence underscores the role of the **Executive Branch** in the day-to-day management of federal education, allowing for administrative flexibility within the bounds of statutory authorization.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1992-12-22;8539)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=8539&ano=1992&data=22/12/1992&ato=a7eo3Y610MFpWTbe2)
3. LexML Brasil