# Law No. 4008 of December 16, 1961

> Brazilian law

**Wikidata**: [Q105648083](https://www.wikidata.org/wiki/Q105648083)  
**Source**: https://4ort.xyz/entity/law-no-4008-of-december-16-1961

## Summary
Law No. 4008 of December 16, 1961 is a Brazilian federal statute that prorogued the validity of the then-current tenancy law (Lei do Inquilino). Enacted during the presidency of João Goulart, it is a specific legislative act with the legal citation "Lei nº 4008/1961" and is officially documented in Brazil's LexML system.

## Key Facts
- **Official Title:** Lei nº 4008, de 16 de dezembro de 1961
- **Alias:** Lei nº 4008, de 16 de dezembro de 1961
- **Publication Date:** December 16, 1961
- **Place of Publication:** Brasília, Brazil
- **Approving Authority:** Presidency of the Federative Republic of Brazil, under President João Goulart (promulgated on 1961-12-16)
- **Instance Of:** Statute (a formal written document that creates law)
- **Main Subject:** Prorogation (Prorrogação) of the current tenancy law
- **Law Digest:** "PRORROGA A VIGENCIA DA ATUAL LEI DO INQUILINATO" (Extends the validity of the current tenancy law)
- **Legal Citation:** Lei nº 4008/1961
- **Jurisdiction:** Applies to Brazil
- **Language:** Brazilian Portuguese
- **LexML Brazil ID:** urn:lex:br:federal:lei:1961-12-16;4008
- **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4008.htm
- **Wikimedia Project:** On the focus list of WikiProject Brazilian Laws

## FAQs
**What is the primary purpose of Law No. 4008/1961?**
Its primary purpose is to prorogue (extend) the validity of the existing Brazilian tenancy law in effect at the time. The law's digest explicitly states it extends the "vigência da atual lei do inquilinato," meaning it continued the legal framework governing landlord-tenant relationships without creating an entirely new code.

**When and by whom was Law No. 4008 enacted?**
It was enacted and promulgated on December 16, 1961, by the Presidency of the Federative Republic of Brazil. The head of state at the time was President João Goulart, whose term is noted as the approving authority in the legislative record.

**What is the formal legal reference for this statute?**
The standard legal citation for this law is "Lei nº 4008/1961." For digital identification and retrieval within Brazil's official legislative system, it is assigned the LexML Brazil identifier `urn:lex:br:federal:lei:1961-12-16;4008`.

**In which language and jurisdiction does this law operate?**
The law was written in Brazilian Portuguese and applies to the entire jurisdiction of Brazil. It is a federal statute, meaning its provisions, concerning the extension of tenancy regulations, were intended to be uniformly applicable across the country.

**Where can the full text of Law No. 4008/1961 be accessed?**
The full text of the law is officially available at the URL `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4008.htm`, which is part of the Brazilian federal government's official compilation of laws (Planalto).

## Why It Matters
Law No. 4008/1961 matters as a specific instrument of legal continuity within Brazil's civil law system. By proroguing the existing tenancy law, it prevented a potential regulatory gap or legal uncertainty for landlords and tenants at a specific historical moment. This type of prorogation law is a common legislative tool used to maintain the force of an expiring legal regime while the legislature deliberates on a new or amended framework. Its significance is therefore functional and procedural, ensuring stability in a key area of private law (property leases) during a period of potential transition. It represents a snapshot of Brazilian legislative activity in 1961, during the presidency of João Goulart, and is part of the documented corpus of federal statutes that form the country's statutory law.

## Notable For
*   **Specific Legislative Action:** It is notable for its precise and limited function—the extension ("prorogação") of a specific existing law (the tenancy law)—rather than enacting broad new regulations.
*   **Historical Context:** It is a federal statute from a pivotal year (1961) in Brazilian politics, enacted shortly after João Goulart assumed the presidency following Jânio Quadros's resignation.
*   **Canonical Documentation:** It is formally documented in Brazil's official LexML system and the Planalto government portal, securing its place in the authoritative record of Brazilian federal legislation.
*   **Project Recognition:** Its relevance is affirmed by its inclusion on the focus list of WikiProject Brazilian Laws, indicating its consideration within collaborative efforts to document Brazil's legal corpus.
*   **Taxonomic Clarity:** It serves as a clear, real-world example of a "statute" as defined in legal knowledge systems—a formal written document from a national legislature that creates and modifies law.

## Body

### Legal Classification and Metadata
Law No. 4008 of December 16, 1961 is formally classified as an **instance of a statute**. In legal knowledge frameworks, a statute is defined as a formal written document that creates law, encompassing acts, executive orders, and by-laws. This law fits squarely within that class as a federal legislative act (a "Lei" or Law) passed by the National Congress of Brazil and sanctioned by the President. Its core metadata is rigorously defined: it carries the official title "Lei nº 4008, de 16 de dezembro de 1961" and the alias "Lei nº 4008, de 16 de dezembro de 1961." It was **published in Brasília**, the federal capital, on **December 16, 1961**. The law is written in **Brazilian Portuguese** and its **legal citation** is the standardized "Lei nº 4008/1961."

### Legislative History and Authority
The legislative process culminated with the **approval by the Presidency of the Federative Republic of Brazil**. The structured data specifies that this act of promulgation occurred on the law's publication date, **1961-12-16**, with **João Goulart** identified as the President in office. The law's **main subject** is **prorogation** (Prorrogação), as explicitly stated in its digest: "PRORROGA A VIGENCIA DA ATUAL LEI DO INQUILINATO." This indicates its sole purpose was to extend the duration or effectiveness of the pre-existing federal statute governing landlord-tenant relationships (the "Lei do Inquilino"), rather than to substantively rewrite it. The **LexML Brazil ID** `urn:lex:br:federal:lei:1961-12-16;4008` provides a persistent, unique identifier for this specific legal act within Brazil's structured legislative data ecosystem.

### Jurisdiction and Accessibility
The law **applies to the jurisdiction of Brazil**. As a federal statute, its provisions on the extension of tenancy law were intended to be uniformly applicable across all Brazilian states and the Federal District, superseding any conflicting state or local rules on the matter. The **work is available at the official URL** `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4008.htm`. This link points to the "Planalto" website, which is the official repository for the consolidated text of Brazilian federal legislation, ensuring public access to the authentic legal document. Its **description in Wikidata** is simply "Brazilian law," correctly placing it within the national legal context.

### Context within Brazilian Law and Documentation
This statute is part of the chronological body of Brazilian federal laws from the 1950-1969 period. Its existence and preservation are evidenced by its entry in the official LexML system and the Planalto portal. Furthermore, it is recognized as a subject of interest within the collaborative documentation effort of **WikiProject Brazilian Laws** on Wikimedia platforms, signifying its inclusion in initiatives to comprehensively catalog and improve coverage of Brazil's legal history. The law represents a routine but essential type of legislative action—the temporal extension of an existing legal regime—which is a common mechanism for maintaining legal stability while longer-term reforms are considered. Its specific focus on the *Lei do Inquilino* ties it directly to the historical evolution of Brazil's civil code and property law.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1961-12-16;4008)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4008&ano=1961&data=16/12/1961&ato=ba3ETVU5keVRVTeed)
3. LexML Brasil