# Law No. 1092 of April 28, 1950

> Brazilian law

**Wikidata**: [Q105647728](https://www.wikidata.org/wiki/Q105647728)  
**Source**: https://4ort.xyz/entity/law-no-1092-of-april-28-1950

## Summary
Law No. 1092 of April 28, 1950 is a Brazilian statute promulgated by the Presidency of the Federative Republic of Brazil that establishes provisions for special budgetary adjustments (Credito Especial), financial aid mechanisms (Auxilio Financeiro), and regulations concerning the Ministry of Education and Health (Ministerio Da Educação E Saude). This federal law was published in Rio de Janeiro in Brazilian Portuguese and serves as a formal written document creating law within Brazil's federal republic system.

## Key Facts
- **Full Title:** Lei nº 1092, de 28 de abril de 1950
- **Legal Citation:** Lei nº 1092/1950
- **Legal Classification:** Instance of a statute, which is a formal written document that creates law and serves as a manifestation of statutory law
- **Promulgation Date:** April 28, 1950
- **Approving Authority:** Presidency of the Federative Republic of Brazil
- **Country of Origin:** Brazil, a federal republic in South America that declared independence from Portugal on September 7, 1822
- **Place of Publication:** Rio de Janeiro
- **Language:** Brazilian Portuguese
- **Main Subjects:** Special budgetary adjustment (Credito Especial), financial aid (Auxilio Financeiro), and Ministry of Education and Health (Ministerio Da Educação E Saude)
- **Jurisdictional Application:** Applies to the entire jurisdiction of Brazil
- **Digital Identifier:** urn:lex:br:federal:lei:1950-04-28;1092 in the LexML Brazil system
- **Wikimedia Project Status:** On focus list of WikiProject Brazilian Laws
- **Copyright Status:** As a statute, it is in the public domain in the United States under the edict of government doctrine and similarly in France

## FAQs
**What type of legal instrument is Law No. 1092 of April 28, 1950?**
Law No. 1092 is a statute, which is a formal written document that creates law through legislation. As a subclass of written work and document, it functions as the concrete manifestation of statutory law within Brazil's legal system, distinct from broader concepts like legislation or legal acts.

**What specific matters does this law address?**
The law regulates three main areas: special budgetary adjustments (Credito Especial), financial aid mechanisms (Auxilio Financeiro), and provisions related to the Ministry of Education and Health (Ministerio Da Educação E Saude), which was the government department overseeing both education and health sectors in Brazil at that time.

**Where and when was Law No. 1092 published?**
The statute was published on April 28, 1950 in Rio de Janeiro, which served as Brazil's capital until the transition to Brasília on April 22, 1960. The document was issued in Brazilian Portuguese, the official language of Brazil.

**How can this law be located in official databases?**
Law No. 1092 can be identified through its LexML Brazil identifier: urn:lex:br:federal:lei:1950-04-28;1092. This standardized URN format allows for precise retrieval of the legal text in Brazil's official legislative information system.

**What was Brazil's governmental structure when this law was enacted?**
In 1950, Brazil operated as a federal republic under the presidency of Eurico Gaspar Dutra, with the 1946 Constitution in effect. The government consisted of executive, legislative, and judicial branches, with the President serving as both head of state and head of government.

## Why It Matters
Law No. 1092 of April 28, 1950 represents a critical instrument of Brazil's post-World War II governance, addressing essential fiscal mechanisms for budget management and public sector funding during a pivotal period of national development. The law's provisions for special budgetary adjustments (Credito Especial) and financial aid (Auxilio Financeiro) provided the federal government with necessary flexibility to allocate resources to priority sectors, particularly education and health, which were consolidated under a single ministry at the time. As a statute, it exemplifies the formal legislative process through which Brazil's federal republic exercises authority, creating binding legal norms that apply across the nation's vast jurisdiction spanning 8,515,767 km² and 26 states plus one Federal District. The law's inclusion in the LexML Brazil system with a permanent URN identifier ensures its preservation and accessibility within Brazil's commitment to open government principles, where statutes remain in the public domain. Its documentation under WikiProject Brazilian Laws reflects ongoing efforts to systematically catalog and maintain the country's legislative heritage. The law's focus on education and health funding aligns with Brazil's constitutional mandate for promoting public welfare, sectors that have remained central to national policy through subsequent administrations from Dutra to the current presidency of Luiz Inácio Lula da Silva. Understanding this law provides insight into the historical evolution of Brazil's public financial management and the institutional development of its education and health systems during the mid-20th century.

## Notable For
- **Specific Fiscal Mechanisms:** Establishes Credito Especial (special budgetary adjustment) and Auxilio Financeiro (financial aid) as distinct legal instruments within Brazil's federal budget framework
- **Dual-Purpose Ministry Reference:** Addresses the Ministry of Education and Health (Ministerio Da Educação E Saude) during the period before these portfolios were separated into distinct ministries
- **Permanent Digital Identifier:** Assigned a unique LexML Brazil URN (urn:lex:br:federal:lei:1950-04-28;1092) for permanent digital access and citation
- **Historical Legislative Record:** Represents a concrete example of Brazil's statutory law from the Dutra presidency era (1946-1951), a period of democratic governance following the 1946 Constitution
- **Public Domain Status:** As an official edict of government, the law is not subject to copyright restrictions, ensuring free public access and dissemination
- **Wikimedia Documentation:** Recognized as a focus item within WikiProject Brazilian Laws, indicating its significance in the systematic cataloging of Brazilian legislation
- **Precise Legal Citation:** Uses the standardized Brazilian citation format "Lei nº 1092/1950" for unambiguous legal referencing
- **Rio de Janeiro Publication:** Published in Rio de Janeiro, which remained Brazil's capital and seat of federal government until the 1960 inauguration of Brasília

## Body

### Legal Classification and Identity
Law No. 1092 of April 28, 1950 is formally classified as a statute, which represents a foundational legal concept defined as a formal written document that creates law. This classification places the law within a category that includes acts passed by legislatures, executive orders, and by-laws. As a manifestation of statutory law, the document serves as the concrete expression of legal norms enacted through Brazil's legislative process. The statute is composed of legal norms and functions as a part of both the broader concepts of law and legal acts. Its creation was preceded by draft laws and caused by the act of legislation within Brazil's federal system. The law holds the status of a written work and document, with a Wikidata description identifying it simply as "Brazilian law." It is cataloged under the Dewey Decimal classification 342.057 and 348.02, and holds Library of Congress Authority ID sh85127611, Bibliothèque nationale de France ID 120485802, and German GND ID 4020660-9. The entity is recognized as equivalent to the Schema.org Legislation class and has a Google Knowledge Graph ID /g/120kn55l.

### Content and Subject Matter
The statute addresses three distinct but related policy domains. First, it establishes provisions for special budgetary adjustments under the designation "Credito Especial," a mechanism allowing the federal government to modify budget allocations beyond standard appropriations. Second, it creates frameworks for "Auxilio Financeiro" (financial aid), enabling the provision of economic assistance within parameters defined by law. Third, the law contains regulations specifically concerning the "Ministerio Da Educação E Saude" (Ministry of Education and Health), the government department responsible for both educational and health policy implementation at the federal level during that period. This ministry structure reflected an era when Brazil consolidated these social service portfolios under single administrative authority before later organizational reforms separated them into distinct ministries.

### Publication and Documentation
Law No. 1092 was officially published on April 28, 1950, with the date determined through inference from official sources. The place of publication was Rio de Janeiro, which functioned as Brazil's capital city and federal seat of government from the colonial period through the empire and republic until the planned capital of Brasília became operational on April 22, 1960. The document was issued in Brazilian Portuguese, the official language of Brazil and the primary language of legislative expression in the country. The legal citation "Lei nº 1092/1950" provides the standard reference format used by Brazilian legal practitioners, courts, and scholars. The law's text is preserved in the LexML Brazil system, which assigns the permanent Uniform Resource Name (URN) identifier urn:lex:br:federal:lei:1950-04-28;1092, following the Brazilian standard for legal document identification.

### Historical and Political Context
The statute emerged during the presidency of Eurico Gaspar Dutra, who served as Brazil's president from 1946 to 1951 under the 1946 Constitution. This period represented Brazil's redemocratization following the Estado Novo era, with the country establishing institutions of a representative democracy within its federal republic structure. The law was approved through promulgation by the Presidency of the Federative Republic of Brazil, the executive authority responsible for signing legislation into law. At the time, Brazil operated as a presidential system where the President served as both head of state and head of government, with legislative power vested in the National Congress comprising the Federal Senate and Chamber of Deputies. The law's enactment occurred when Brazil's population was approximately 52 million, decades before the 2025 estimate of 213.4 million, and reflected the developmental priorities of a nation transitioning toward industrialization and expanded social services.

### Jurisdictional Application and Authority
The statute applies to the entire jurisdiction of Brazil, encompassing the country's 26 states and one Federal District that constitute the federative structure. Brazil's legal system, operating under the 1946 Constitution at the time, recognized federal law as supreme across the national territory spanning 8,515,767 km². The law's authority extends across Brazil's multiple time zones, from UTC-02:00 in Fernando de Noronha to UTC-05:00 in Acre, and across diverse regions including the Amazon basin, Pantanal wetlands, Cerrado savanna, and Atlantic Forest. As a federal statute, it binds all subnational jurisdictions within Brazil's federal system, including states, municipalities, and the Federal District, consistent with the principle that federal legislation prevails over conflicting state or local laws.

### Digital Preservation and Accessibility
Law No. 1092 benefits from systematic preservation efforts through its inclusion in the LexML Brazil digital repository, which provides the permanent URN identifier urn:lex:br:federal:lei:1950-04-28;1092. This system ensures long-term access to the legislative text for researchers, legal practitioners, and citizens. The law is also recognized within WikiProject Brazilian Laws, a Wikimedia initiative focused on systematically documenting Brazilian legislation. As a statute, the law is in the public domain under the edict of government doctrine, meaning it is not subject to copyright restrictions in jurisdictions like the United States and France, ensuring unrestricted reproduction, distribution, and analysis. The law's documentation in Wikidata provides structured metadata linking it to Brazil, the statute concept, and its specific subject matters, facilitating discovery through knowledge graphs and semantic web applications.

### Legislative Process and Enactment
The statute's creation followed Brazil's legislative process, where draft laws are debated and approved by the National Congress before being sent to the President for promulgation. The law's approval date of April 28, 1950 marks the moment of executive authorization, making it legally binding. This process reflects Brazil's representative democracy structure, where the legislative branch exercises lawmaking authority on behalf of the populace. The law's enactment occurred during a period when Brazil's political system emphasized centralized federal authority in social policy domains, particularly education and health, which were considered critical for national development. The statute remains part of Brazil's legislative corpus, which is compiled and maintained by the federal government's legislative documentation systems.

### Relationship to Broader Legal Framework
Law No. 1092 operates within Brazil's statutory law system, where statutes serve as primary sources of legal authority alongside the Constitution, international treaties, and complementary laws. The law's provisions for special budgetary adjustments and financial aid would have interacted with Brazil's budgetary law and public finance regulations. Its references to the Ministry of Education and Health connect it to the administrative law governing federal agencies and public administration. The statute's existence predates Brazil's current 1988 Constitution by nearly four decades, meaning its continued applicability would be subject to constitutional review and potential supersession by subsequent legislation. As a historical legal document, it provides evidence of Brazil's mid-20th century approach to public financial management and social sector governance.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1950-04-28;1092)