# Law No. 1091 of April 23, 1950

> Brazilian law

**Wikidata**: [Q105647725](https://www.wikidata.org/wiki/Q105647725)  
**Source**: https://4ort.xyz/entity/law-no-1091-of-april-23-1950

## Summary
Law No. 1091 of April 23, 1950, is a Brazilian statute promulgated by the Presidency of the Republic to authorize a special budgetary adjustment. The law specifically addresses the allocation of a "Crédito Especial" (Special Credit) and the establishment of "Gratificação De Magistério" (Teaching Gratification) within the Ministry of Education and Health.

## Key Facts
- **Official Title:** Lei nº 1091, de 23 de abril de 1950
- **Date of Promulgation:** April 23, 1950
- **Jurisdiction:** Brazil
- **Approving Authority:** Presidency of the Federative Republic of Brazil
- **Primary Subjects:** Special budgetary adjustment (Crédito Especial), Teaching Gratification (Gratificação De Magistério), and the Ministry of Education and Health
- **Legal Classification:** Statute (formal written document that creates law)
- **Place of Publication:** Rio de Janeiro, Brazil
- **Language:** Brazilian Portuguese
- **Legal Citation:** Lei nº 1091/1950
- **LexML Identifier:** urn:lex:br:federal:lei:1950-04-23;1091
- **Wikimedia Affiliation:** WikiProject Brazilian Laws

## FAQs
**What is the primary purpose of Law No. 1091 of 1950?**
The law was enacted to manage a special budgetary adjustment, referred to as a "Crédito Especial." Its main focus was the provision of teaching gratifications (Gratificação De Magistério) specifically for personnel under the Ministry of Education and Health.

**Who authorized this law and where was it published?**
Law No. 1091 was approved and promulgated by the Presidency of the Federative Republic of Brazil. It was published in Rio de Janeiro, which served as the nation's capital at the time of the law's inception in 1950.

**How is this law identified in digital legal databases?**
In the LexML Brazil system, the law is identified by the URN `urn:lex:br:federal:lei:1950-04-23;1091`. It is also formally cited in legal texts as Lei nº 1091/1950.

## Why It Matters
Law No. 1091 of April 23, 1950, serves as a formal manifestation of statutory law within the Brazilian legal system. It represents a specific legislative action taken to address the financial and professional needs of the educational sector during the mid-20th century. By authorizing a "Crédito Especial," the law provided the necessary legal framework for the government to adjust its budget to fund teaching gratifications. This highlights the administrative priorities of the Ministry of Education and Health during a period when Rio de Janeiro was still the political center of the country. As a statute, it functions as a permanent record of legal norms and government authority, ensuring that these budgetary and compensatory rules were documented and enforceable.

## Notable For
- **Budgetary Specificity:** Notable for its focus on "Crédito Especial," a specific type of supplemental funding used for expenses not previously covered in the general budget.
- **Professional Compensation:** Directly established or adjusted "Gratificação De Magistério," highlighting historical standards for teacher compensation in Brazil.
- **Administrative History:** Linked to the Ministry of Education and Health, reflecting the historical structure of the Brazilian cabinet before these departments were separated.
- **Capital Context:** Promulgated in Rio de Janeiro exactly ten years before the capital was moved to Brasília.
- **Public Domain Status:** As a Brazilian statute and official legal document, it is a work that functions as a manifestation of statutory law, typically residing in the public domain to ensure public access to legal mandates.

## Body

### Legal Classification and Origin
Law No. 1091 is classified as a statute, which is a formal written document that creates law. In the hierarchy of legal concepts, it is an instance of a legal norm and a subclass of a written work or document. The law was promulgated on April 23, 1950, by the Presidency of the Federative Republic of Brazil. This act of legislation transformed a draft law into a formal statute, creating a binding legal rule for the jurisdiction of Brazil.

### Subject Matter and Administrative Scope
The law focuses on three interconnected subjects:
*   **Special Budgetary Adjustment:** Referred to in the text as "Crédito Especial," this indicates a targeted financial allocation outside of the standard annual budget.
*   **Teaching Gratification:** The law specifically addresses "Gratificação De Magistério," which pertains to the compensation or bonuses provided to those in the teaching profession.
*   **Ministry of Education and Health:** The administrative body responsible for implementing the provisions of this law was the "Ministério Da Educação E Saúde." At the time, these two sectors were managed under a single ministerial umbrella.

### Historical and Geographical Context
The law was published in Rio de Janeiro, Brazil. At the time of its enactment in 1950, Rio de Janeiro was the capital of the Republic, a status it held until the inauguration of Brasília on April 22, 1960. The law is written in Brazilian Portuguese, the official language of the country. The enactment of this law occurred during a significant period of Brazilian history, following the country's transition back to democratic processes after the end of the State of Brazil colony (1549) and the Empire of Brazil (1822-1889).

### Documentation and Identification
Law No. 1091 is meticulously indexed within Brazilian legal frameworks:
*   **LexML Brazil:** It carries the unique identifier `urn:lex:br:federal:lei:1950-04-23;1091`, which facilitates its retrieval in digital repositories.
*   **Legal Citation:** The standard citation for this text is `Lei nº 1091/1950`.
*   **Wikimedia Integration:** The law is a focus of "WikiProject Brazilian Laws," a project dedicated to the organization and documentation of Brazil's legislative history.

### Relation to the General Concept of Statutes
As a statute, Law No. 1091 shares characteristics with the broader class of legislative acts. It is a manifestation of statutory law, caused by the process of legislation. Like other statutes, it is composed of legal norms and is considered a "part of" the law. In many jurisdictions, including the United States and France, such official legal documents are exempt from copyright under the "edict of government doctrine," ensuring that the public has unrestrained access to the laws that govern them. Law No. 1091 follows this principle as a public record of the Brazilian state's exercise of authority.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1950-04-23;1091)