# Law No. 378 of September 10, 1948

> Brazilian law

**Wikidata**: [Q105649905](https://www.wikidata.org/wiki/Q105649905)  
**Source**: https://4ort.xyz/entity/law-no-378-of-september-10-1948

## Summary
Law No. 378 of September 10, 1948 (Portuguese: *Lei nº 378, de 10 de setembro de 1948*) is a Brazilian federal statute that regulates administrative functions within the National Department of Ports, Rivers, and Canals. Specifically, the law legislates the extinction of certain existing roles and the creation of new "gratified functions" (paid positions) within that department. It was promulgated by the Presidency of the Federative Republic of Brazil and applies to national jurisdiction.

## Key Facts
- **Full Title:** Lei nº 378, de 10 de setembro de 1948
- **Legal Citation:** Lei nº 378/1948
- **Date of Promulgation:** September 10, 1948
- **Issuing Authority:** Presidency of the Federative Republic of Brazil
- **Entity Type:** Statute (Formal written document / Legal act)
- **Jurisdiction:** Brazil (Federative Republic of Brazil)
- **Language:** Brazilian Portuguese
- **Place of Publication:** Rio de Janeiro (Federal Capital at the time)
- **Target Entity:** National Department of Ports, Rivers, and Canals (*Departamento Nacional de Portos, Rios e Canais*)
- **Primary Function:** Extinguishes and creates "gratified functions" (*Função Gratificada*)
- **Identifier:** LexML Brazil ID `urn:lex:br:federal:lei:1948-09-10;378`
- **Project Affiliation:** WikiProject Brazilian Laws

## FAQs
**What is the specific function of Law No. 378/1948?**
The law serves an administrative function by formally extinguishing certain paid positions ("gratified functions") and creating new ones within the National Department of Ports, Rivers, and Canals. This adjusts the bureaucratic structure and payroll of that specific federal agency.

**Who enacted this law and where was it published?**
The statute was approved and promulgated by the Presidency of the Federative Republic of Brazil. It was published in Rio de Janeiro, which served as the federal capital of Brazil prior to the establishment of Brasília in 1960.

**What legal classification does this entity fall under?**
It is officially classified as a **statute**, which is defined as a formal written document that creates law. It acts as a manifestation of statutory law and is considered a subclass of "written work," "document," and "rule."

**How is this law identified in legal databases?**
The law is indexed under the legal citation *Lei nº 378/1948* and possesses a specific LexML Brazil identifier: `urn:lex:br:federal:lei:1948-09-10;378`. It is also categorized under WikiProject Brazilian Laws for structured data management.

## Why It Matters
Law No. 378 of September 10, 1948, matters as a specific example of post-World War II Brazilian administrative law. While many laws focus on broad civil rights or major crimes, this statute illustrates the routine but essential function of the state: managing the specific human resources and remuneration structures of its agencies. By legally extinguishing and creating "gratified functions" within the National Department of Ports, Rivers, and Canals, the law directly impacted the operation of Brazil's waterway infrastructure.

Furthermore, the law represents the exercise of executive and legislative authority during the "Populist Republic" era of Brazil (1945–1964), a period characterized by significant industrial and infrastructure development. The focus on "Ports, Rivers, and Canals" highlights the importance of transport and logistics in the national agenda at that time. As a statute, it also embodies the concept of public domain legal documentation, serving as an official, uncopyrightable record of government authority.

## Notable For
- **Administrative Precision:** Specifically targets the internal structure of the National Department of Ports, Rivers, and Canals rather than general public policy.
- **Capital Context:** Published in Rio de Janeiro, reflecting the political geography of Brazil prior to the 1960 move to Brasília.
- **Semantic Structuring:** Fully integrated into modern legal knowledge graphs with a specific LexML URN and properties linking it to concepts of "creation" and "extinction."
- **Bureaucratic Definition:** Provides a concrete example of a "gratified function" (*Função Gratificada*), a specific type of remunerated position in Brazilian administration.
- **Statutory Classification:** Distinctly classified as a "statute" (subclass of written work and rule) rather than a constitution or decree.

## Body

### Legal Classification and Ontology
Law No. 378 of September 10, 1948, is an instance of a **statute**. In legal ontology, a statute is defined as a formal written document created to enact law, encompassing acts, executive orders, and by-laws. It functions as a manifestation of statutory law and is composed of legal norms. The entity is taxonomically a subclass of "written work," "document," and "rule."

It is distinct from broader legal concepts but caused by "legislation" or a "legal act." As an official government edict, the document falls under the "edict of government doctrine," rendering it generally in the public domain to ensure public accessibility. Its structured data equivalent aligns with `https://schema.org/Legislation`.

### Subject Matter and Provisions
The core content of Law No. 378/1948 is administrative. The law's digest explicitly defines its purpose: "EXTINGUISHES AND CREATES GRATIFIED FUNCTIONS IN THE NATIONAL DEPARTMENT OF PORTOS, RIVERS AND CANALS" (*EXTINGUE E CRIA FUNÇÕES GRATIFICADAS, NO DEPARTAMENTO NACIONAL DE PORTOS, RIOS E CANAIS*).

Key subjects defined in the law's structured data include:
- **Função Gratificada (Gratified Function):** A position entitled to additional remuneration.
- **Creation:** The establishment of new roles or benefits.
- **Extinction:** The removal or abolition of previous roles.

This legislation directly modified the organizational chart and payment structure of the **National Department of Ports, Rivers, and Canals**, the federal body responsible for waterway infrastructure at the time.

### Enactment and Authority
The statute was enacted under the authority of the **Presidency of the Federative Republic of Brazil**. The date of promulgation is confirmed as September 10, 1948.

**Geographical Context:**
The **place of publication** was **Rio de Janeiro**. This detail is historically significant as Rio de Janeiro served as the capital of Brazil until April 21, 1960, when the federal administration moved to Brasília. Consequently, all federal laws during this period, including Law No. 378, were promulgated and distributed from Rio de Janeiro.

### Jurisdiction and Language
The law applies to the jurisdiction of **Brazil** (officially the Federative Republic of Brazil). It is written in **Brazilian Portuguese**, the official language of the country. The legal citation for reference is *Lei nº 378/1948*.

### Identifiers and Structured Data
Law No. 378 of September 10, 1948, is extensively cataloged in legal and knowledge databases:
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1948-09-10;378`. This URN provides a persistent, unique identifier for the text within the Brazilian legal information system.
- **WikiProject:** It is listed on the "WikiProject Brazilian Laws," indicating it is a subject of maintenance and organization within collaborative knowledge projects.
- **Source References:** The data is derived from the official LexML repository (accessed 2021-01-28) and Brazilian legal summaries (accessed 2021-04-10).

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1948-09-10;378)
2. LexML Brasil