# Law No. 8865 of March 29, 1994

> Brazilian law

**Wikidata**: [Q105647499](https://www.wikidata.org/wiki/Q105647499)  
**Source**: https://4ort.xyz/entity/law-no-8865-of-march-29-1994

## Summary
**Law No. 8865 of March 29, 1994** (Portuguese: *Lei nº 8.865, de 29 de março de 1994*) is a Brazilian federal statute enacted to revoke specific provisions of the *Consolidação das Leis do Trabalho* (CLT), the country's consolidated labor laws. Promulgated by President Itamar Franco in Brasília, this legal act removes items VI and VIII from Article 530 of the CLT. It functions as a legal norm within Brazilian law and applies to the entire national territory of Brazil.

## Key Facts
- **Full Title:** Lei nº 8.865, de 29 de março de 1994
- **Alternative Name:** Lei nº 8865/1994
- **Entity Type:** Statute (federal law)
- **Country of Origin:** Brazil
- **Date of Promulgation:** March 29, 1994
- **Place of Publication:** Brasília, Brazil
- **Approving Authority:** Presidency of the Federative Republic of Brazil; promulgated by President Itamar Franco
- **Primary Legal Action:** Revokes items VI and VIII of Article 530 of the *Consolidação das Leis do Trabalho* (Consolidation of Labor Laws)
- **Main Subjects:** Revocation, prohibition, legal norms, criteria, and legal devices (*Dispositivos*)
- **Jurisdiction:** Brazil
- **Language:** Brazilian Portuguese
- **Official Identifier (LexML Brazil):** `urn:lex:br:federal:lei:1994-03-29;8865`
- **Official Source URL:** Available at `https://www.planalto.gov.br/ccivil_03/leis/l8865.htm`
- **Project Affiliation:** Listed on the on-focus list for WikiProject Brazilian Laws

## FAQs
**What is the primary function of Law No. 8865/1994?**
The law serves to formally revoke two specific items (VI and VIII) from Article 530 of Brazil's *Consolidação das Leis do Trabalho* (CLT), effectively removing those provisions from the consolidated labor code.

**Who signed Law No. 8865/1994 into effect?**
The statute was approved and promulgated by the Presidency of the Federative Republic of Brazil, with President Itamar Franco serving as the signatory on March 29, 1994.

**Where can the official text of this law be found?**
The law is archived and made publicly available by the Brazilian government through the Planalto Palace website at `https://www.planalto.gov.br/ccivil_03/leis/l8865.htm` and is indexed under the LexML Brazil identifier `urn:lex:br:federal:lei:1994-03-29;8865`.

**To which legal system and jurisdiction does this law belong?**
Law No. 8865 is a federal statute of Brazil, written in Brazilian Portuguese, and applies to the entire jurisdiction of the Federative Republic of Brazil.

## Why It Matters
Law No. 8865 of March 29, 1994, matters as a specific instrument of legal modification within the Brazilian labor framework. By targeting the *Consolidação das Leis do Trabalho* (CLT)—the primary statutory framework governing labor relations in Brazil since 1943—this law demonstrates the ongoing evolution of labor standards in the country during the early 1990s. The revocation of items VI and VIII from Article 530 represents a direct amendment to established labor regulations, signifying a shift in how the Brazilian government defined or enforced specific labor-related criteria or prohibitions. As a federal statute promulgated by President Itamar Franco, it reflects the executive and legislative processes characteristic of Brazil's presidential system and serves as a historical record of legal reform during a period of significant economic and political change in Brazil. Furthermore, its classification as a "statute" places it within a global category of formal written documents that create law, serving as a concrete manifestation of statutory law.

## Notable For
- **Amendment to Core Labor Law:** Directly modifies the *Consolidação das Leis do Trabalho* (CLT), one of Brazil's most fundamental legal codes regarding worker rights and obligations.
- **Promulgation During Itamar Franco Administration:** Enacted during the presidency of Itamar Franco, a period known for economic stabilization efforts like the Plano Real.
- **Specific Revocation Mechanism:** Notable for its surgical legal approach, targeting only two specific items (VI and VIII) within a single article (530) of a larger code.
- **Digital Preservation:** Fully digitized and accessible via the official Brazilian government portal (Planalto) and indexed through the LexML system, ensuring public access to the legal record.

## Body

### Legal Classification and Definition
Law No. 8865 is formally classified as a **statute** (*statute*), which is a formal written document that creates law. In the context of Brazilian jurisprudence, it acts as a legal norm (*normas*) and functions as a manifestation of statutory law. As a statute, it is considered a subclass of "written work" and "document," and is distinct from broader concepts of legislation or general legal acts. This law is identified by the legal citation *Lei nº 8865/1994*.

### Enactment and Authority
The statute was officially approved and promulgated by the **Presidency of the Federative Republic of Brazil** on March 29, 1994. The specific determination method for this law was **promulgation**, signed by **President Itamar Franco**, who served as the head of state and government at that time. The place of publication was **Brasília**, the federal capital of Brazil.

### Function and Scope
The primary function of Law No. 8865 is **revocation** (*revogação*). It specifically targets and revokes **items VI and VIII of Article 530** of the *Consolidação das Leis do Trabalho* (CLT). The law's main subjects encompass legal devices (*Dispositivos*), revocation (*Revogação*), prohibition (*Proibição*), legal norms (*Normas*), and criteria (*Criterios*).

The law applies to the jurisdiction of **Brazil** and is written in **Brazilian Portuguese**.

### Identification and Access
The law is cataloged within Brazilian legal databases using the following identifiers and access points:
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1994-03-29;8865`
- **Work Available at URL:** `https://www.planalto.gov.br/ccivil_03/leis/l8865.htm` (hosted by the official Civil House of the Presidency of the Republic).
- **WikiProject Status:** The entity is listed on the on-focus list of **WikiProject Brazilian Laws**, indicating its relevance within structured knowledge projects focused on Brazilian legislation.

### Related Context: The Statute as a Legal Instrument
As a statute, Law No. 8865 fits into a broader legal taxonomy. A statute is the physical or formal expression of a legal rule and serves as the official record of legal rules enacted by a government. While this specific law is a federal enactment, the concept of a statute encompasses acts, executive orders, and by-laws. In jurisdictions like the United States and France, statutes are generally in the public domain to ensure public accessibility, a principle that aligns with the Brazilian government's publication of this law on the official Planalto website.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1994-03-29;8865)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=8865&ano=1994&data=29/03/1994&ato=ff3ITTE50dJpWTc68)
3. LexML Brasil