# Law No. 394 of September 21, 1948

> Brazilian law

**Wikidata**: [Q105649916](https://www.wikidata.org/wiki/Q105649916)  
**Source**: https://4ort.xyz/entity/law-no-394-of-september-21-1948

## Summary
Law No. 394 of September 21, 1948 (Lei nº 394/1948) is a Brazilian statute enacted to exempt anti-malarial products from import taxes and other customs duties. Approved by the Presidency of the Federative Republic of Brazil, this formal written document serves as a legal mechanism to facilitate the battle against malaria by removing financial barriers to essential medical supplies.

## Key Facts
- **Full Title:** Lei nº 394, de 21 de setembro de 1948
- **Legal Citation:** Lei nº 394/1948
- **Date of Approval/Publication:** September 21, 1948
- **Jurisdiction:** Brazil
- **Enacting Authority:** Presidency of the Federative Republic of Brazil (via promulgation)
- **Place of Publication:** Rio de Janeiro (the federal capital at the time)
- **Language:** Brazilian Portuguese
- **Instance Of:** Statute (a formal written document that creates law)
- **Primary Purpose:** Tax exemption for anti-malarial products ("ISENTA DE IMPOSTOS DE IMPORTAÇÃO E DEMAIS TAXAS ADUANEIRAS OS PRODUTOS ANTI-MALARICOS")
- **Main Subjects:**
  - Import tax (Imposto De Importação)
  - Tariff (Taxa Aduaneira)
  - Tax exemption (Isenção)
  - Battle/Combat (Combate)
- **LexML Brazil ID:** urn:lex:br:federal:lei:1948-09-21;394
- **Wikimedia Project:** Listed on the focus list of WikiProject Brazilian Laws
- **Copyright Status:** As a statute, it is a public domain document under the edict of government doctrine.

## FAQs
**What is the primary purpose of Law No. 394/1948?**
The law's primary purpose is to exempt anti-malarial products from import taxes and all other customs duties. This legislative measure aims to reduce the cost of these essential medical supplies to support public health efforts.

**Who enacted this law and when?**
The Presidency of the Federative Republic of Brazil enacted the law on September 21, 1948, through the process of promulgation. It was published in Rio de Janeiro, which served as the country's capital at that time.

**Does this law apply to the entire country?**
Yes, the law applies to the jurisdiction of Brazil. As a federal statute, it establishes tax exemptions that are valid throughout the national territory.

**What are the key legal subjects covered by this statute?**
The statute covers subjects related to international trade and health, specifically import taxes (Imposto De Importação), tariffs (Taxa Aduaneira), and tax exemptions (Isenção). It is also semantically associated with the concept of "Battle" or "Combat" (Combate) in the context of fighting malaria.

**Is the text of this law copyrighted?**
No. As a formal statute enacted by the Brazilian government, it is considered a public domain document. Under the "edict of government doctrine," official legal documents and legislative enactments are not subject to copyright, ensuring public access.

## Why It Matters
Law No. 394/1948 matters because it represents a specific intersection of fiscal policy and public health strategy within the Brazilian legal system. By utilizing the legislative mechanism of a statute to grant tax exemptions, the government sought to lower the financial barriers associated with importing anti-malarial products. This is particularly significant in the context of the "battle" (Combate) against malaria, a disease that requires widespread access to preventive and therapeutic supplies. As a tangible manifestation of statutory law, the document provides the definitive, written evidence of the state's commitment to disease control during the late 1940s. Furthermore, its status as a statute ensures it remains a part of the permanent, public legal record, accessible to courts, administrators, and citizens without copyright restrictions.

## Notable For
- **Targeted Tax Relief:** Distinct for specifically targeting "anti-malarial products" for exemption from import taxes and customs duties.
- **Historical Context:** Enacted in 1948, a period when malaria remained a significant public health challenge in Brazil.
- **Specific Legal Identifier:** Registered in the LexML system with the specific URN `urn:lex:br:federal:lei:1948-09-21;394`.
- **Place of Publication:** Notable for being published in Rio de Janeiro, the capital of Brazil at the time (before the transfer to Brasília in 1960).

## Body

### Legal Classification and Nature
Law No. 394 of September 21, 1948, is classified as a **statute**. In legal terms, a statute is a formal written document that creates law, serving as the manifestation of statutory law. It is distinct from abstract legal concepts, being a concrete "written work" and "document" composed of legal norms. As an act of legislation, this law follows the drafting process and results in enforceable rules. Like other statutes in democratic jurisdictions, it is treated as a public domain work, free from copyright restrictions under the edict of government doctrine, which ensures that the laws governing the public are freely accessible to the public.

### Legislative History and Authority
The law was approved and promulgated on **September 21, 1948**, by the **Presidency of the Federative Republic of Brazil**. The method of determination was promulgation, which is the formal act of proclaiming a new law or statute. The document is officially cited as **Lei nº 394/1948**. The choice of the Presidency as the approving authority reflects the executive branch's role in sanctioning legislative acts in the Brazilian political system of that era.

### Subject Matter and Provisions
The core content of the statute is defined by its legal digest: *"ISENTA DE IMPOSTOS DE IMPORTAÇÃO E DEMAIS TAXAS ADUANEIRAS OS PRODUTOS ANTI-MALARICOS"* (Exempt from import taxes and other customs duties the anti-malarial products). This provision explicitly addresses:
- **Import Tax (Imposto De Importação):** The tax levied on goods brought into the country.
- **Tariffs (Taxa Aduaneira):** Specific duties or fees associated with customs.
- **Tax Exemption (Isenção):** The relief from these specific fiscal obligations.

The law is categorized under the main subject of **Battle (Combate)**, specifically in the stated context "Combate" to malaria. This semantic classification highlights the law's functional role as a tool in the public health campaign against the disease.

### Jurisdiction and Publication
The statute applies to the jurisdiction of **Brazil**. At the time of its publication in 1948, the **place of publication** was listed as **Rio de Janeiro**. This is historically consistent with Brazil's political geography, as Rio de Janeiro served as the federal capital until April 21, 1960, when the capital was transferred to Brasília. The law is written in **Brazilian Portuguese**, the official language of Brazil, as required for all official legal documents within the country.

### Identification and Metadata
For indexing and retrieval within legal information systems, the law is assigned several unique identifiers:
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1948-09-21;394`
- **Wikidata Description:** "Brazilian law"

The entity is also tracked within the Wikimedia ecosystem, appearing on the focus list of **WikiProject Brazilian Laws**. This inclusion indicates its relevance to efforts aimed at documenting and organizing Brazilian legal data on platforms like Wikipedia and Wikidata.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1948-09-21;394)
2. LexML Brasil