# Law No. 8726 of November 5, 1993

> Brazilian law

**Wikidata**: [Q105647402](https://www.wikidata.org/wiki/Q105647402)  
**Source**: https://4ort.xyz/entity/law-no-8726-of-november-5-1993

## Summary
Law No. 8726 of November 5, 1993, is a Brazilian statute enacted to amend the Consolidation of Labor Laws (CLT), the primary body of labor regulations in Brazil. Specifically, this legislative act provided a new wording for Item III of Article 131 within the CLT framework. It was promulgated by President Itamar Franco and is officially recorded in the national legal registry of the Federative Republic of Brazil.

## Key Facts
- **Official Title:** Lei nº 8726, de 5 de novembro de 1993
- **Country of Origin:** Brazil
- **Jurisdiction:** Federative Republic of Brazil
- **Date of Promulgation:** November 5, 1993
- **Date of Publication:** November 5, 1993
- **Place of Publication:** Brasília
- **Approved By:** Presidency of the Federative Republic of Brazil (under Itamar Franco)
- **Primary Subject:** Consolidation of Labor Laws (Consolidação das Leis do Trabalho - CLT)
- **Legal Action:** Alteration (change) to Article 131, Item III of the CLT
- **Language:** Brazilian Portuguese
- **Classification:** Statute (formal written document creating law)
- **LexML Brazil ID:** urn:lex:br:federal:lei:1993-11-05;8726
- **Official Source URL:** https://www.planalto.gov.br/ccivil_03/leis/l8726.htm
- **Project Affiliation:** WikiProject Brazilian Laws

## FAQs

**What is the specific purpose of Law No. 8726 of November 5, 1993?**
This law was enacted to modify the existing Consolidation of Labor Laws (CLT) in Brazil. Its sole legal function was to provide a new redaction (textual update) for the third inciso (item) of Article 131 of the CLT.

**Who was the head of state responsible for approving this law?**
The law was approved and promulgated by Itamar Franco, who served as the President of the Federative Republic of Brazil at the time. The act of promulgation took place on November 5, 1993, in the capital city of Brasília.

**How is this law identified in Brazilian legal databases?**
Law No. 8726 is indexed under the LexML Brazil identifier `urn:lex:br:federal:lei:1993-11-05;8726`. It is also categorized as a "statute," which is a formal written document that serves as a manifestation of statutory law.

## Why It Matters
Law No. 8726 represents a targeted legislative intervention in Brazil's labor framework. By amending the Consolidation of Labor Laws (CLT), it directly influenced the legal norms governing the relationship between employers and employees in the country. The CLT is the foundational document for labor rights in Brazil, and any alteration to its articles, such as Article 131, has direct implications for judicial interpretations and labor relations. Furthermore, as a statute promulgated in 1993, it reflects the legislative activity of the Itamar Franco administration during a period of significant political and economic transition in Brazil, occurring just months before the implementation of the Real Plan in 1994.

## Notable For
- **CLT Amendment:** It is specifically recognized for providing the "Nova Redação" (new wording) to a specific component of the national labor code.
- **Presidential Promulgation:** Signed by Itamar Franco, a key figure in Brazil's post-military rule democratic history.
- **Public Domain Status:** As a statute and official legal document of the Brazilian government, it is a manifestation of statutory law and generally falls outside of standard copyright restrictions, similar to the "edict of government doctrine" applied to statutes in other jurisdictions like the United States.
- **Digital Integration:** The law is fully integrated into the LexML Brazil system, a specialized search engine for Brazilian legislative and symbolic information.

## Body

### Legislative Context and Approval
Law No. 8726 was officially approved on November 5, 1993. The process of its enactment involved the Presidency of the Federative Republic of Brazil, with Itamar Franco serving as the approving authority. The method of its establishment was through formal promulgation, a process that transforms a bill into an enforceable statute. The law was published in Brasília, the federal capital of Brazil, which has served as the seat of government since April 22, 1960.

### Subject Matter: The CLT
The primary focus of Law No. 8726 is the **Consolidation of Labor Laws (CLT)**. The CLT is the main decree governing labor relations in Brazil. Law No. 8726 specifically targeted Article 131, Item III. In the legal digest, the law is described as: *"DA NOVA REDAÇÃO AO INCISO III DO ARTIGO 131 DA CONSOLIDAÇÃO DAS LEIS DO TRABALHO - CLT."* This indicates that the law's primary function was an "alteração" (alteration) or "change" to the existing legal text to update or clarify labor norms.

### Legal Classification and Structure
As an instance of a **statute**, Law No. 8726 is classified as a formal written document that creates law. Within legal taxonomy, it is considered a subclass of "written work," "document," and "rule." It functions as a manifestation of statutory law and is composed of legal norms. 
- **Type of Document:** Statute (Act of a legislature/Presidency)
- **Language:** The official text is written in Brazilian Portuguese.
- **Jurisdictional Reach:** The law applies to the entire territory of Brazil, a country spanning 8,515,767 km² with a federal republic structure.

### Technical Identifiers and Accessibility
The law is maintained in several digital and academic repositories:
- **LexML Brazil:** It carries the unique URN `urn:lex:br:federal:lei:1993-11-05;8726`.
- **Official Repository:** The full text is available through the official portal of the Presidency of the Republic (Planalto) at the URL `https://www.planalto.gov.br/ccivil_03/leis/l8726.htm`.
- **WikiProject:** It is included in the focus list of "WikiProject Brazilian Laws," a project dedicated to documenting the legal history and statutes of the nation.

### National and International Context
At the time of Law No. 8726's enactment, Brazil was operating under the Constitution of 1988, which established the current democratic framework. The country was a member of the United Nations (since 1945) and was navigating a period of economic stabilization. While Law No. 8726 is a domestic Brazilian statute, the concept of a "statute" is a globally recognized legal term, equivalent to the `https://schema.org/Legislation` class in structured data. In many jurisdictions, including the United States and France, such official legal enactments are considered part of the public domain, ensuring that the legal rules governing society are accessible to all citizens without copyright restrictions.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1993-11-05;8726)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=8726&ano=1993&data=05/11/1993&ato=6edgXUq5ENFpWTff7)
3. LexML Brasil