# Law No. 1860 of January 4, 1908 > Brazilian law **Wikidata**: [Q10317004](https://www.wikidata.org/wiki/Q10317004) **Wikipedia**: [English](https://en.wikipedia.org/wiki/Sortition_Law) **Source**: https://4ort.xyz/entity/law-no-1860-of-january-4-1908 ## Summary Law No. 1860 of January 4, 1908 (Lei nº 1860, de 4 de janeiro de 1908) is a Brazilian statute enacted by the Presidency of the Federative Republic of Brazil, establishing regulations related to sortition (random selection for public office). Published in Rio de Janeiro in Brazilian Portuguese, this law represents a specific legislative act within Brazil's legal system and is classified as a statute—a formal written document that creates law, including acts, executive orders, and by-laws. ## Key Facts - **Official Title:** Lei nº 1860, de 4 de janeiro de 1908 - **Publication Date:** January 4, 1908 - **Place of Publication:** Rio de Janeiro - **Country of Origin:** Brazil - **Language:** Brazilian Portuguese - **Approved By:** Presidency of the Federative Republic of Brazil (promulgation on 1908-01-04) - **Classification:** Statute (instance of a formal written document that creates law) - **Applies To Jurisdiction:** Brazil - **LexML Brazil ID:** urn:lex:br:federal:lei:1908-01-04;1860 - **Legal Citation:** Lei nº 1860/1908 - **Wikipedia Title:** Sortition Law - **Wikipedia Languages:** English (en), Portuguese (pt) - **Google Knowledge Graph ID:** /g/1210gsmd - **Wikidata Description:** Brazilian law - **Sitelink Count:** 2 ## FAQs **What type of legal document is Law No. 1860 of January 4, 1908?** Law No. 1860 of January 4, 1908 is classified as a statute—a formal written document that creates law. In the Brazilian legal system, statutes are the primary form of legislation, encompassing acts passed by legislatures, executive orders, and by-laws. This law falls under the broader category of statutory law, which represents the official recorded legal rules enacted by governmental authority. **Where was Law No. 1860 of January 4, 1908 published?** The law was published in Rio de Janeiro, which served as the capital of Brazil at the time of the law's enactment. Rio de Janeiro was the seat of government until the transfer of the capital to Brasília in 1960. **What is the subject matter of Law No. 1860 of January 4, 1908?** According to its Wikipedia title "Sortition Law," this legislation concerns sortition—the practice of selecting officials for public positions by lot or random selection. This method contrasts with election or appointment and has historical roots in various democratic systems. **How is Law No. 1860 of January 4, 1908 identified in legal databases?** The law carries the LexML Brazil identifier urn:lex:br:federal:lei:1908-01-04;1860, which serves as a unique electronic identifier in Brazilian legal documentation systems. It is formally cited as "Lei nº 1860/1908" in legal references. **What is the relationship between this law and the concept of a statute?** Law No. 1860 of January 4, 1908 is an instance of a statute, which is defined as a formal written document that creates law. Statutes are classified as written works, documents, and rules, and serve as the manifestation of statutory law. They are created through legislation and result in statutory law, following the process from draft laws to final enactment. ## Why It Matters Law No. 1860 of January 4, 1908 matters as part of Brazil's legislative history and its exploration of democratic governance mechanisms. The law's focus on sortition reflects a particular approach to civic participation and the selection of public officials—a method that has been used since ancient times, including in Athenian democracy. By codifying sortition into law, Brazil established a formal legal framework for this democratic mechanism, contributing to the evolution of Brazilian political institutions during the early republican period. The law also illustrates the broader context of statutory law in Brazil. As a statute, it represents the official, written expression of legal rules enacted by governmental authority. Statutes like this one serve as the definitive reference point for courts, citizens, and administrators, providing concrete legal mandates that govern society. The public nature of statutes in Brazil—following the principle seen in many jurisdictions that official legal documents are not subject to copyright—ensures that citizens have access to the laws that govern them, reinforcing principles of open government and the rule of law. Furthermore, this law demonstrates the diversity of legislative matters addressed by the Brazilian federal government in the early twentieth century, a period of significant political and social transformation following the proclamation of the Republic in 1889 and the drafting of subsequent constitutions. ## Notable For - **Historical Significance:** One of the federal statutes enacted during Brazil's early republican period (post-1889), representing legislative efforts to establish new democratic institutions and governance mechanisms. - **Subject Matter:** Addresses sortition (random selection for public office), a distinctive democratic mechanism that differs from electoral or appointment-based systems of selecting officials. - **Legal Classification:** Classified as a statute—a formal written document that creates law—within the Brazilian legal system, which is part of the civil law tradition. - **Documentation:** Preserved in Brazilian legal databases with a unique LexML identifier (urn:lex:br:federal:lei:1908-01-04;1860), ensuring long-term accessibility and legal reference. - **Bilingual Documentation:** Available in both English and Portuguese Wikipedia, indicating international and domestic scholarly interest. ## Body ### Legislative Context and Enactment Law No. 1860 of January 4, 1908 was enacted during a formative period in Brazilian history. The law was promulgated by the Presidency of the Federative Republic of Brazil on January 4, 1908, and published in Rio de Janeiro, which served as the nation's capital at that time. This period followed the proclamation of the Brazilian Republic in 1889 and the subsequent establishment of the Republic of the United States of Brazil, which underwent various political transformations before adopting its current name, the Federative Republic of Brazil, with the 1988 constitution. The law represents a specific legislative act within the Brazilian federal legislative framework. As a statute, it occupies a position within the hierarchy of Brazilian law, below the Constitution but above executive orders and administrative regulations. Brazilian statutes are created through the legislative process and serve as the formal written expression of legal rules that govern conduct within the country's jurisdiction. ### Classification and Legal Nature Law No. 1860 of January 4, 1908 is classified as a statute—a formal written document that creates law. This classification places it within the broader category of legal instruments that include acts, executive orders, and by-laws. In the Brazilian legal system, statutes are the primary source of law in many areas, particularly those requiring formal legislative authorization or regulation. The law is an instance of statutory law, which represents the body of law enacted by a legislature or other governing authority. Statutes are distinguished from other sources of law such as case law (judicial decisions) or customary law. In Brazil's civil law tradition, statutes carry particular weight as the formal expression of legislative will, and courts interpret and apply statutes as the primary basis for legal decisions. ### Subject Matter: Sortition The law's subject matter, as indicated by its Wikipedia title "Sortition Law," concerns sortition—the practice of selecting individuals for public office, positions on juries, or other civic roles through random selection. This method of selection has historical roots in ancient Athenian democracy, where citizens were selected by lot to serve in various governmental roles. The rationale behind sortition is that it provides equal opportunity for citizens to serve in public roles and helps prevent the entrenchment of political elites. By enacting this law, Brazil established a formal legal framework for implementing sortition in certain governmental or civic contexts. This reflects a particular vision of democratic participation that differs from purely electoral systems or appointment-based mechanisms. The law represents Brazil's legislative engagement with this democratic mechanism during a period when the country was developing its republican institutions. ### Jurisdiction and Legal System Law No. 1860 of January 4, 1908 applies to the jurisdiction of Brazil, a federal republic located in South America. Brazil is the largest country in South America and the fifth-largest nation in the world by area, spanning approximately 8.5 million km². The country operates under a civil law system, which relies heavily on codified statutes rather than judicial precedents as the primary source of law. The Brazilian legal system is structured with multiple levels of government, including the federal government and 26 states plus the Federal District. Federal statutes such as Law No. 1860 apply throughout the national territory, while state and municipal laws may address matters within their respective jurisdictions. The Constitution of Brazil, promulgated on October 5, 1988, establishes the framework for the distribution of legislative powers among different levels of government. ### Documentation and Preservation Law No. 1860 of January 4, 1908 is preserved in Brazilian legal documentation systems with the unique identifier urn:lex:br:federal:lei:1908-01-04;1860. This identifier, part of the LexML system, provides a standardized method for referencing Brazilian legal texts in electronic formats. The law is formally cited as "Lei nº 1860/1908" in legal references. The law is documented in both English and Portuguese Wikipedia, indicating its relevance to both international and domestic audiences. The Portuguese Wikipedia entry provides primary documentation in the language of the originating jurisdiction, while the English entry offers accessibility to international researchers and those interested in Brazilian legal history. ### Relationship to Broader Legal Concepts As a statute, Law No. 1860 of January 4, 1908 relates to broader legal concepts within the Brazilian and international legal frameworks. The concept of a statute encompasses formal written documents that create law, including acts passed by legislatures, executive orders, and by-laws. Statutes are considered a subclass of "written work," "document," and "rule" in knowledge classification systems. Statutes are created through the process of legislation, which typically involves the drafting of proposed laws (draft laws), legislative debate and approval, and final enactment by the appropriate authority. In the case of federal Brazilian statutes like Law No. 1860, the legislative process involves the National Congress of Brazil, comprising the Federal Senate and the Chamber of Deputies, with final approval by the President of the Republic. The law results in statutory law—the body of law composed of statutes enacted by a legislative body. This contrasts with other sources of law such as regulations, judicial decisions, or customary law. In Brazil's legal system, statutory law forms a substantial portion of the applicable law in most areas, with the civil code, criminal code, and various specific statutes providing comprehensive legal frameworks. ### Accessibility and Public Domain As an official legal document of the Brazilian federal government, Law No. 1860 of January 4, 1908 falls within the category of official legal documents that are generally accessible to the public. This aligns with the broader principle, also observed in jurisdictions like the United States and France, that official legal documents such as statutes, judicial opinions, and administrative rulings are not subject to copyright restrictions. This public accessibility ensures that citizens can access and review the laws that govern them, supporting principles of transparency and the rule of law. The availability of the law in legal databases and on Wikipedia further enhances its accessibility to researchers, legal professionals, and the general public. ### Historical Context The enactment of Law No. 1860 in 1908 occurred during a significant period in Brazilian history. By 1908, Brazil had been a republic for nearly two decades, having transitioned from the Empire of Brazil to the Republic of the United States of Brazil in 1889. The early twentieth century represented a period of modernization and institutional development in Brazil, including the establishment of new governmental structures, the codification of various areas of law, and the exploration of different democratic mechanisms. The law's focus on sortition reflects broader discussions about democratic governance that were occurring globally during this period. While sortition had ancient historical roots, its incorporation into Brazilian statutory law in 1908 demonstrates the country's engagement with various models of democratic participation as it developed its republican institutions. ## References 1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1908-01-04;1860)