# Law No. 371 of September 10, 1948

> Brazilian law

**Wikidata**: [Q105649883](https://www.wikidata.org/wiki/Q105649883)  
**Source**: https://4ort.xyz/entity/law-no-371-of-september-10-1948

## Summary
Law No. 371 of September 10, 1948, is a Brazilian statute enacted by the Presidency of the Federative Republic of Brazil to authorize a special budgetary adjustment. The law specifically addresses the allocation of funds to the Ministry of Education and Health for the payment of teaching gratuities (Gratificação De Magisterio). It is documented under the LexML identification `urn:lex:br:federal:lei:1948-09-10;371` and was published in Rio de Janeiro.

## Key Facts
- **Official Title:** Lei nº 371, de 10 de setembro de 1948.
- **Legal Citation:** Lei nº 371/1948.
- **Date of Enactment:** September 10, 1948.
- **Approving Authority:** Presidency of the Federative Republic of Brazil (via promulgation).
- **Instance Of:** Statute (a formal written document that creates law).
- **Jurisdiction:** Brazil (Federative Republic of Brazil).
- **Place of Publication:** Rio de Janeiro.
- **Language:** Brazilian Portuguese.
- **Main Subject:** Special budgetary adjustment (Credito Especial).
- **Specific Beneficiary:** Ministry of Education and Health (Ministerio Da Educação E Saude).
- **Purpose:** Payment of teaching gratuities (Gratificação De Magisterio).
- **LexML ID:** `urn:lex:br:federal:lei:1948-09-10;371`.
- **WikiProject:** Included on the focus list of WikiProject Brazilian Laws.

## FAQs
**What is the primary function of Law No. 371 of September 10, 1948?**
This law functions as a statute that opens a special credit (Credito Especial) to authorize specific budgetary spending. Its primary goal is to facilitate the payment of teaching gratuities (Gratificação De Magisterio) within the government.

**Which government body approved and enacted this law?**
The law was approved by the Presidency of the Federative Republic of Brazil. The determination method for this approval is listed as promulgation, which occurred on September 10, 1948.

**Does this law apply to the entire country of Brazil?**
Yes, the law applies to the jurisdiction of Brazil. At the time of its publication in 1948, the place of publication was Rio de Janeiro, which served as the federal capital until 1960.

**Is Law No. 371 of September 10, 1948 copyrighted?**
As a statute, this legal document is generally in the public domain, particularly in jurisdictions like the United States and France. This status is based on the "edict of government doctrine," which holds that official legal documents enacted by a government are not subject to copyright.

**What specific ministry is benefited by this legislation?**
The legislation specifically targets the Ministry of Education and Health (Ministerio Da Educação E Saude). The special credit adjustment is intended to cover the "end" (Destinação) and "payment" (Pagamento) obligations related to this ministry.

## Why It Matters
Law No. 371 of September 10, 1948, matters as a concrete example of statutory law used for financial administration within the Brazilian government. It demonstrates the formal mechanism by which the executive branch utilizes special budgetary adjustments to fulfill specific obligations, such as the payment of teaching gratuities. By serving as the "manifestation of statutory law," this document provides the tangible, written evidence required to authorize the expenditure of public funds for the Ministry of Education and Health. Its existence ensures that government actions are documented, accessible, and enforceable according to the legal standards of the time.

## Notable For
- **Specific Fiscal Authorization:** Notable for being a special credit (Credito Especial) specifically designated for the payment of teaching gratuities (Gratificação De Magisterio).
- **Historical Publication Context:** Published in Rio de Janeiro in 1948, during the period when the city was the federal capital of Brazil.
- **Standardized Legal Identification:** Recognized by a specific LexML URN (`urn:lex:br:federal:lei:1948-09-10;371`), facilitating its integration into Brazil's structured legal information systems.
- **Classification as Statute:** It is a verified instance of a statute, placing it within the globally recognized category of formal written documents that create law.
- **Public Domain Status:** Holds the notable legal characteristic of being a public domain work in the United States and France, ensuring unrestrained access to its text.

## Body

### Legal Classification and Nature
Law No. 371 of September 10, 1948, is classified as a **statute**. In legal terms, a statute is a formal written document that creates law, serving as the physical or formal expression of a legal rule. This classification distinguishes it as a subclass of "written work," "document," and "rule." As a statute, it acts as the definitive reference point for the specific budgetary adjustments it authorizes. Structurally, it is composed of legal norms and represents the official record of a legislative act. Like other statutes, it is generally considered to be in the public domain in jurisdictions such as the United States (under the edict of government doctrine) and France, meaning the text is not subject to copyright restrictions.

### Enactment and Jurisdiction
The law was enacted on **September 10, 1948**, by the **Presidency of the Federative Republic of Brazil** through the process of promulgation. It applies to the jurisdiction of **Brazil**, the largest country in South America and a federal republic. The **place of publication** is listed as **Rio de Janeiro**. This is historically significant, as Rio de Janeiro was the capital of Brazil from 1822 until the inauguration of Brasília in 1960. The law is written in **Brazilian Portuguese**, the official language of Brazil, and is cited officially as **Lei nº 371/1948**.

### Provisions and Purpose
The primary content of Law No. 371 revolves around a **special budgetary adjustment** (referred to in the text as *Credito Especial*). The law's main subject includes the **Ministry of Education and Health** (*Ministerio Da Educação E Saude*). The specific purpose outlined in the statute includes:
- **Goal (*Objetivo*):** The authorization of the special credit.
- **End (*Destinação*):** The specific allocation of the funds.
- **Payment (*Pagamento*):** The execution of financial resources.
- **Teaching Gratuity (*Gratificação De Magisterio*):** The specific item being funded, which pertains to compensation for educational services.

This focus indicates the law was a fiscal instrument designed to address specific financial needs within the education sector during the late 1940s.

### Documentation and Identification
The document is cataloged with several technical identifiers that place it within broader knowledge graphs and library systems. It is included on the focus list of **WikiProject Brazilian Laws**. Its specific **LexML Brazil ID** is `urn:lex:br:federal:lei:1948-09-10;371`. LexML is a standard for legal and legislative documents, facilitating the exchange and processing of legal information. The entity connects to the broader concept of "statute," which serves as the real-world equivalent for the `https://schema.org/Legislation` class used in structured data on the web. This ensures the law is indexed and discoverable in digital legal repositories.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1948-09-10;371)