# Law No. 398 of September 22, 1948

> Brazilian law

**Wikidata**: [Q105649920](https://www.wikidata.org/wiki/Q105649920)  
**Source**: https://4ort.xyz/entity/law-no-398-of-september-22-1948

## Summary

Law No. 398 of September 22, 1948 (Lei nº 398/1948) is a Brazilian federal statute that authorizes the Ministry of Agriculture to open supplementary credit for the payment of teaching gratification. Promulgated by the Presidency of the Federative Republic of Brazil on September 22, 1948, and published in Rio de Janeiro, this law falls under the category of supplementary credit legislation related to public servant compensation in Brazil's federal government structure.

## Key Facts

- **Official Title:** Lei nº 398, de 22 de setembro de 1948
- **Legal Citation:** Lei nº 398/1948
- **Country:** Brazil
- **Jurisdiction:** Brazil (federal)
- **Promulgation Date:** September 22, 1948
- **Publication Place:** Rio de Janeiro
- **Language:** Brazilian Portuguese
- **Approved By:** Presidency of the Federative Republic of Brazil
- **Classification:** Statute (formal written document that creates law)
- **LEXML Brazil ID:** urn:lex:br:federal:lei:1948-09-22;398
- **Main Subject:** Supplementary credit (Crédito Suplementar)
- **Issuing Authority:** Ministry of Agriculture of Brazil (Ministério da Agricultura)
- **Purpose:** Payment of teaching gratification (Gratificação de Magistério)
- **Wikidata Description:** Brazilian law
- **Wikimedia Project:** WikiProject Brazilian Laws

## FAQs

**What does Law No. 398 of September 22, 1948 authorize?**

Law No. 398 of September 22, 1948 authorizes the Ministry of Agriculture to open supplementary credit for the purpose of paying teaching gratification to eligible recipients. This type of legislation allows government agencies to access additional funding beyond their regular budget allocations for specific purposes.

**Which government agency is responsible for implementing this law?**

The Ministry of Agriculture of Brazil (Ministério da Agricultura) is the government agency authorized to open the supplementary credit under this law. The law specifically designates this ministry as the entity responsible for carrying out the financial authorization.

**What is "gratificação de magistério" in Brazilian law?**

Gratificação de magistério refers to a teaching bonus or gratification payment awarded to educators or teachers within the Brazilian public sector. This type of supplementary compensation is distinct from base salary and serves as an additional payment recognizing teaching responsibilities or qualifications.

**What type of law is Lei nº 398/1948?**

Lei nº 398/1948 is classified as a statute—a formal written document that creates law. In the Brazilian legal system, statutes are formal legal instruments enacted through the legislative process and promulgated by the executive branch. This law falls under the category of financial legislation authorizing supplementary budget credits.

**Where can Law No. 398/1948 be accessed?**

The law is catalogued in the LEXML Brazilian legal database with the identifier urn:lex:br:federal:lei:1948-09-22;398. LEXML is Brazil's centralized legal information system that provides access to federal, state, and municipal legislation.

## Why It Matters

Law No. 398 of September 22, 1948 represents an important example of Brazil's post-World War II legislative activity in the area of public finance and public servant compensation. While specific in its application to the Ministry of Agriculture, this law exemplifies the broader mechanism of supplementary credit authorization that allows Brazilian federal agencies to manage budget shortfalls for specific purposes—in this case, teacher compensation.

The law's existence reflects several key aspects of Brazilian governance during the mid-20th century. First, it demonstrates the federal government's commitment to maintaining and compensating teaching staff within agricultural education institutions. Second, it illustrates the financial mechanisms available to Brazilian government agencies to address funding needs beyond their initial budget allocations. Third, it represents the intersection of educational policy and fiscal policy in Brazil's federal system.

For legal researchers and historians studying Brazilian administrative law, this statute provides insight into how the Brazilian federal government structured compensation for educators during the period following World War II. The law's inclusion in the LEXML database and its cataloguing under WikiProject Brazilian Laws indicates its continued relevance for legal research and legislative history.

## Notable For

- **Historical Significance:** Represents Brazilian federal legislation from 1948, a period of significant administrative and economic development in Brazil following World War II.
- **Financial Mechanism:** Demonstrates the use of supplementary credit (crédito suplementar) as a fiscal tool in Brazilian public administration.
- **Educational Compensation:** Focuses specifically on teaching gratification (gratificação de magistério), highlighting the government's recognition of educator compensation.
- **Administrative Structure:** Identifies the Ministry of Agriculture as a key federal agency involved in agricultural education during the mid-20th century.
- **Legal Documentation:** Maintained in the LEXML system, demonstrating Brazil's commitment to preserving and providing access to its legislative history.

## Body

### Legislative Context and Enactment

Law No. 398 of September 22, 1948 was enacted during a significant period in Brazilian history. By 1948, Brazil had been operating under its 1946 Constitution for two years, following the end of the Estado Novo period. The federal government, led by President Eurico Gaspar Dutra (served 1946-1951), was focused on democratic governance and economic development.

This statute was promulgated on September 22, 1948, in Rio de Janeiro, which served as Brazil's capital at that time. The law received presidential approval through the act of promulgation, which is the formal process by which the President of the Republic certifies that a law has been duly passed by the National Congress and orders its publication and execution.

### Legal Classification and Structure

As a statute, Lei nº 398/1948 represents the formal written expression of law in the Brazilian legal system. The law is classified as an instance of "statute"—a foundational legal concept defined as a formal written document that creates law, encompassing acts, executive orders, and by-laws. Statutes in Brazil are created through legislation and serve as the official record of legal rules enacted by the government.

The law's structure follows the standard format of Brazilian federal legislation, including:
- A formal title identifying the law number and date
- The legal citation "Lei nº 398/1948"
- The law digest (ementa) summarizing its purpose
- The substantive provisions authorizing the supplementary credit

### Financial Authorization

The core purpose of Law No. 398/1948 is to authorize the Ministry of Agriculture to open supplementary credit for payment of teaching gratification. In Brazilian public finance, supplementary credit (crédito suplementar) represents a mechanism allowing government agencies to access additional funds beyond their originally approved budget allocations.

This financial tool is used when existing budget provisions prove insufficient to cover necessary expenditures. In this case, the supplementary credit was specifically designated for "gratificação de magistério"—a teaching bonus or additional compensation awarded to educators. This type of gratification represents supplementary payment beyond base salary, recognizing teaching responsibilities, qualifications, or performance.

### Institutional Framework

The Ministry of Agriculture (Ministério da Agricultura) serves as the implementing agency for this law. During the mid-20th century, the Ministry of Agriculture played a crucial role in Brazil's agricultural development, including the administration of agricultural education institutions and research facilities. The authorization of supplementary credit for teaching gratification indicates the government's recognition of the importance of agricultural education and the need to maintain competitive compensation for educators in this field.

The law's connection to the Presidency of the Federative Republic of Brazil reflects the hierarchical structure of Brazilian federal administration, where the President holds ultimate executive authority over government agencies and their operations.

### Legal Documentation and Preservation

Law No. 398/1948 is preserved in Brazil's centralized legal information system, LEXML, under the identifier urn:lex:br:federal:lei:1948-09-22;398. The LEXML system serves as the primary repository for Brazilian legislation, providing searchable access to federal, state, and municipal laws.

The law is also documented within the WikiProject Brazilian Laws on Wikimedia projects, indicating its inclusion in collaborative efforts to catalog and make accessible Brazil's legislative history. This documentation ensures that legal researchers, historians, and citizens can access and study Brazil's legal heritage.

### Relationship to Broader Legal Concepts

This statute connects to several broader legal concepts in the Brazilian legal system:

- **Statutory Law:** The law contributes to Brazil's body of statutory law, which encompasses all laws enacted by the legislative branch and promulgated by the executive branch.
- **Public Finance Law:** As a law authorizing supplementary credit, it falls within the domain of public finance law, which governs government budgeting and expenditure.
- **Labor Compensation:** The law's focus on teaching gratification connects it to public servant compensation law, which regulates how government employees are paid for their services.

### Historical Context

By 1948, Brazil had established a tradition of federal legislation addressing agricultural education and public servant compensation. The post-World War II period saw increased attention to economic development, including modernization of agricultural practices and expansion of educational opportunities. Law No. 398/1948 reflects this historical moment, representing the federal government's use of financial mechanisms to support educational objectives within the agricultural sector.

The law's survival in legal databases and its continued accessibility demonstrate the importance of legislative preservation in Brazil. Even laws that may no longer be in force carry historical and legal significance, providing insight into the evolution of Brazilian governance and public policy.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1948-09-22;398)
2. LexML Brasil