# Law No. 8560 of December 29, 1992

> Brazilian law

**Wikidata**: [Q105647496](https://www.wikidata.org/wiki/Q105647496)  
**Source**: https://4ort.xyz/entity/law-no-8560-of-december-29-1992

## Summary

Law No. 8560 of December 29, 1992 (Lei nº 8560/1992) is a Brazilian federal statute that regulates the investigation of paternity for children born outside of marriage and provides other related provisions. Enacted during the presidency of Itamar Franco and published in Brasília, this law establishes procedures, regulations, and legal frameworks for determining paternity outside the context of formal marital relationships. It represents a significant piece of Brazilian family law, addressing issues of filiation, legal recognition, and the procedural mechanisms for establishing parental relationships.

## Key Facts

- **Official Title:** Lei nº 8560, de 29 de dezembro de 1992
- **Legal Citation:** Lei nº 8560/1992
- **Country:** Brazil
- **Jurisdiction:** Applies throughout Brazil
- **Publication Date:** December 29, 1992
- **Place of Publication:** Brasília
- **Approved By:** Presidency of the Federative Republic of Brazil
- **Signed By:** President Itamar Franco (promulgation on 1992-12-29)
- **Language:** Brazilian Portuguese
- **Instance Of:** Statute (formal written document that creates law)
- **LEXML Brazil ID:** urn:lex:br:federal:lei:1992-12-29;8560
- **Main Subjects:** Regulamentation (Regulamentação), procedure (Procedimento), hypothesis (Hipotese), decision (Fixação), absence (Ausencia)
- **Work Available At:** https://www.planalto.gov.br/ccivil_03/leis/l8560.htm
- **Wikimedia Project:** WikiProject Brazilian Laws (on focus list)

## FAQs

**What is the primary purpose of Law No. 8560/1992?**

Law No. 8560/1992 regulates the investigation of paternity for children born outside of marriage and establishes other provisions related to this matter. It provides the legal framework and procedures for establishing biological fatherhood when the child was conceived outside a formal marital relationship.

**Who signed Law No. 8560 into effect?**

The law was signed and promulgated by President Itamar Franco, who served as President of Brazil from 1992 to 1995. The law was enacted on December 29, 1992.

**Where was Law No. 8560/1992 published?**

The law was published in Brasília, which has been the capital of Brazil since 1960. Brasília serves as the seat of the federal government and where official government documents are published.

**What type of legal document is Law No. 8560/1992?**

Law No. 8560 is classified as a statute—a formal written document that creates law. In the Brazilian legal system, statutes are the primary form of legislation enacted by the federal government and represent binding legal rules.

**What are the main subjects covered by this law?**

The law addresses several key legal concepts including regulamentation (the establishment of rules and regulations), procedure (the legal process to be followed), hypothesis (the legal conditions or circumstances to which the law applies), decision (fixação—determinations or rulings), and absence (the treatment of cases where certain elements are missing).

**Where can Law No. 8560/1992 be accessed?**

The full text of the law is available on the official website of the Brazilian federal government at https://www.planalto.gov.br/ccivil_03/leis/l8560.htm, which hosts the civil legislation of Brazil.

## Why It Matters

Law No. 8560 of December 29, 1992 matters because it addresses a fundamental aspect of family law in Brazil—the legal recognition of paternal relationships for children born outside of marriage. Before and after its enactment, the determination of paternity for children conceived outside marital relationships required clear legal procedures to protect the rights of both children and parents. This law provides those procedural frameworks, ensuring that biological fathers can be legally recognized and that children born outside marriage have the same legal protections and rights as those born within marriage.

The law represents an important evolution in Brazilian family law, reflecting societal changes regarding family structures and the recognition of children's rights regardless of the circumstances of their birth. By establishing clear procedures for paternity investigation, the law helps resolve situations where biological parentage needs to be legally established, whether for purposes of inheritance, child support, custody, or other legal matters.

Furthermore, as a statute enacted by the federal government, Law No. 8560/1992 demonstrates the Brazilian legislative body's capacity to address specific social and legal needs through targeted legislation. Its inclusion in the official civil legislation collection and its presence in WikiProject Brazilian Laws indicates its continued relevance in the Brazilian legal system.

## Notable For

- **Family Law Landmark:** One of the key Brazilian federal statutes addressing paternity investigation and children born outside marriage
- **Presidential Enactment:** Signed into law by President Itamar Franco during his administration
- **Official Legal Framework:** Provides the legal basis for paternity investigation procedures in Brazilian law
- **Federal Scope:** Applies uniformly across all jurisdictions within Brazil
- **Published Authority:** Officially published in Brasília, the federal capital, and available through official government channels
- **Legal Classification:** Classified as a statute, the primary form of federal legislation in Brazil
- **Bibliographic Documentation:** Included in the LEXML system (urn:lex:br:federal:lei:1992-12-29;8560), Brazil's legislative metadata system

## Body

### Legislative Origin and Enactment

Law No. 8560 was enacted on December 29, 1992, during a significant period in Brazilian political history. The law was promulgated by President Itamar Franco, who assumed the presidency in 1992 following the impeachment of Fernando Collor de Mello. This timing is notable as it occurred during Brazil's transition period in the early 1990s, when the country was consolidating its democratic institutions following decades of military rule.

The law was published in Brasília, which became Brazil's capital in 1960, replacing Rio de Janeiro. Brasília serves as the seat of the federal government and is where all federal legislation is officially published and archived. The official citation of the law—Lei nº 8560/1992—reflects its sequential number in the federal legislative sequence for the year 1992.

### Legal Classification and Nature

As a statute, Law No. 8560 represents a formal written document that creates law, encompassing acts passed by the legislature. In the Brazilian legal system, statutes are the highest form of legislation below the Constitution and represent binding rules that apply to all citizens and entities within the country's jurisdiction.

The law is classified under the broader category of legal instruments that include acts, executive orders, and by-laws. Its instance as a statute places it within the formal legal hierarchy of Brazilian law, making it a binding legal instrument with enforceable provisions.

### Subject Matter and Content

The law's primary subject matter revolves around the investigation of paternity (investigação de paternidade) for children born outside marriage (filhos havidos fora do casamento). This represents a critical area of family law that addresses the legal recognition of biological fatherhood when the child is conceived outside a formal marital relationship.

The main subjects addressed by the law include:

- **Regulamentação (Regulation):** The establishment of rules and procedures governing paternity investigation
- **Procedimento (Procedure):** The legal processes and steps to be followed in establishing paternity
- **Hipótese (Hypothesis):** The legal conditions, circumstances, or factual situations to which the law applies
- **Fixação (Decision):** The determinations or rulings that can be made under the law
- **Ausência (Absence):** The treatment of cases where certain elements or parties are missing or unavailable

### Jurisdiction and Application

Law No. 8560/1992 applies to the entire territory of Brazil, representing federal legislation that is binding across all Brazilian states and municipalities. As a federal statute, it supersedes any conflicting state or municipal laws and establishes a uniform legal framework for paternity investigation throughout the country.

The law is written in Brazilian Portuguese, reflecting the official language of Brazil and ensuring accessibility to Brazilian citizens, legal professionals, and courts.

### Official Documentation and Access

The law is officially documented in Brazil's legislative databases and is available through official government portals. The full text can be accessed at https://www.planalto.gov.br/ccivil_03/leis/l8560.htm, which is the official website hosting Brazil's civil legislation.

The law has been assigned the LEXML Brazil ID: urn:lex:br:federal:lei:1992-12-29;8560, which serves as its unique identifier in Brazil's legislative metadata system. This identifier allows legal researchers, courts, and citizens to precisely locate and reference the law in legal documents and proceedings.

### Wikimedia and Documentation

Law No. 8560/1992 is included on the focus list of WikiProject Brazilian Laws, indicating its significance in the Brazilian legal system and its relevance for documentation purposes on Wikimedia platforms. This inclusion reflects the law's importance as a piece of Brazilian legislation worthy of encyclopedic documentation and public access.

### Relationship to Broader Legal Framework

As a statute, Law No. 8560 exists within the broader context of Brazilian statutory law. It works in conjunction with other federal laws, the Brazilian Constitution, and international treaties to form the complete legal framework governing family relationships and paternity rights in Brazil.

The law represents the legislative response to specific social needs regarding family law and demonstrates how the Brazilian federal government addresses particular legal issues through targeted statutory enactment. Its existence provides legal certainty and procedural clarity for one of the most personal and significant areas of law—establishing the parent-child relationship.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1992-12-29;8560)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=8560&ano=1992&data=29/12/1992&ato=c44Aza610MFpWT3fe)
3. LexML Brasil