# Law No. 4028 of December 20, 1961

> Brazilian law

**Wikidata**: [Q105648114](https://www.wikidata.org/wiki/Q105648114)  
**Source**: https://4ort.xyz/entity/law-no-4028-of-december-20-1961

## Summary
Law No. 4028 of December 20, 1961, is a Brazilian federal statute enacted by the Presidency of the Federative Republic of Brazil under João Goulart. This formal written document primarily addresses special budgetary adjustments, the regulation of charitable organizations, and matters concerning the Ministry of Health of Brazil. It serves as a specific legal instrument within the Brazilian legal system, published in Brasília and accessible via official government archives.

## Key Facts
- **Full Title:** Lei nº 4028, de 20 de dezembro de 1961.
- **Legal Citation:** Lei nº 4028/1961.
- **Publication Date:** December 20, 1961.
- **Place of Publication:** Brasília, Brazil.
- **Country of Origin:** Brazil (Federative Republic of Brazil).
- **Enacting Authority:** Presidency of the Federative Republic of Brazil.
- **Promulgating Official:** João Goulart (serving as President at the time of promulgation).
- **Legal Classification:** Statute (a formal written document that creates law).
- **Primary Subjects:** Ministry of Health of Brazil (Ministerio Da Saude), special budgetary adjustment (Credito Especial), and charitable organizations (Instituição Beneficente).
- **Language:** Brazilian Portuguese.
- **LexML Brazil Identifier:** urn:lex:br:federal:lei:1961-12-20;4028.
- **Official Online Source:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4028.htm.
- **Jurisdiction:** Applies exclusively to the Federative Republic of Brazil.
- **Instance Of:** A specific instance of the broader legal concept "statute."

## FAQs
**What is the primary purpose of Law No. 4028/1961?**
This law was enacted to authorize special budgetary adjustments and to establish regulations regarding charitable organizations within Brazil. It also specifically addresses administrative or financial matters related to the Ministry of Health.

**Who signed and promulgated this legislation?**
The law was approved and promulgated by the Presidency of the Federative Republic of Brazil, with João Goulart serving as the head of state who signed it into effect on December 20, 1961.

**Where can the official text of this law be accessed?**
The full text is available online through the official Brazilian government portal at the Planalto website, and it is indexed in the LexML Brazil system under the unique identifier urn:lex:br:federal:lei:1961-12-20;4028.

**In what language is this statute written?**
The document is written in Brazilian Portuguese, which is the official language of the Federative Republic of Brazil and the language of all its federal legislative acts.

**What specific sectors does this law impact?**
The legislation directly impacts the public health sector through its connection to the Ministry of Health, the financial sector through special budgetary credits, and the non-profit sector by defining rules for charitable institutions.

## Why It Matters
Law No. 4028/1961 is a critical component of Brazil's mid-20th-century legislative history, representing the formal mechanism by which the government managed fiscal resources and social welfare structures during the presidency of João Goulart. By establishing specific rules for "special budgetary adjustments" (Credito Especial), the law provided the legal framework necessary for the executive branch to allocate funds outside of the standard annual budget, a vital tool for addressing urgent national needs. Furthermore, its focus on charitable organizations and the Ministry of Health underscores its role in shaping the social safety net and public health administration in Brazil during a period of significant political and economic transition. As a statute, it serves as a binding legal norm that continues to define the rights and obligations of charitable entities and government bodies within its jurisdiction, ensuring that public funds and social services operate under a clear, codified authority.

## Notable For
- **Specific Legislative Focus:** Distinguishes itself by simultaneously addressing fiscal mechanisms (special credits), health administration, and the legal status of charitable institutions in a single act.
- **Historical Context:** Enacted during the presidency of João Goulart, a pivotal and turbulent era in Brazilian political history leading up to the 1964 military coup.
- **Digital Preservation:** Fully digitized and indexed in the LexML Brazil system, ensuring long-term accessibility and legal certainty for researchers and legal professionals.
- **Jurisdictional Specificity:** Applies strictly to the Federative Republic of Brazil, serving as a foundational text for understanding the evolution of Brazilian administrative and health law.
- **Formal Classification:** Recognized as a "statute," placing it within the hierarchy of formal written documents that create law, distinct from executive orders or by-laws in its legislative origin.

## Body

### Identity and Classification
Law No. 4028 of December 20, 1961, is formally classified as a **statute**, which is defined as a formal written document that creates law. In the context of the Brazilian legal system, it is an instance of a federal law enacted by the National Congress and promulgated by the President. The document is identified in the LexML Brazil system with the unique Uniform Resource Name (URN): `urn:lex:br:federal:lei:1961-12-20;4028`. It is cited legally as "Lei nº 4028/1961" and is written entirely in Brazilian Portuguese. As a statute, it functions as a concrete manifestation of statutory law, serving as the official record of the legal rules enacted by the Brazilian government.

### Enactment and Promulgation
The legislative process for this statute culminated on December 20, 1961. On this date, the law was approved by the Presidency of the Federative Republic of Brazil. The specific act of promulgation was carried out by **João Goulart**, who was the President of Brazil at the time. The determination method for this event is recorded as "promulgation," marking the moment the text became effective law. The place of publication was **Brasília**, the federal capital of Brazil, which had only recently become the seat of government in 1960. The law was published in the official gazette and subsequently made available through the Presidency's legislative portal.

### Subject Matter and Scope
The law addresses three distinct but interconnected main subjects, as identified in its metadata and legal text:
1.  **Ministry of Health of Brazil:** The statute explicitly references the "Ministerio Da Saude (Ms)," indicating provisions related to the administration, funding, or operational scope of the national health ministry.
2.  **Special Budgetary Adjustment:** A core component of the law involves "Credito Especial" (Special Credit). This mechanism allows the government to authorize expenditures that were not included in the original budget, providing flexibility for unforeseen or urgent financial needs.
3.  **Charitable Organizations:** The law regulates "Instituição Beneficente" (Charitable Organizations), likely establishing criteria for their recognition, tax status, or operational requirements within the Brazilian legal framework.

### Digital Presence and Authority Control
In the modern digital age, Law No. 4028/1961 is preserved and accessible through several authoritative online repositories. The primary official source for the text is hosted on the Planalto website at `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4028.htm`. Additionally, the LexML Brazil project provides a standardized identifier and access point at `https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1961-12-20;4028`. These digital records ensure that the law remains available to the public, legal scholars, and government officials, adhering to the principle that statutes are public domain documents. The law is also part of the WikiProject Brazilian Laws, indicating its inclusion in collaborative knowledge efforts to document the nation's legal history.

### Jurisdiction and Applicability
The statute applies to the **Federative Republic of Brazil**, covering the entire national territory. Its jurisdiction is limited to the sovereign state of Brazil, as defined by its borders and legal authority. The law does not extend to other nations or international bodies, functioning strictly within the domestic legal order of Brazil. As a federal law, it supersedes state or municipal regulations in matters where it is applicable, ensuring a unified legal standard for the subjects of special budgetary adjustments, health ministry operations, and charitable institutions across the country.

### Historical and Political Context
Enacted in 1961, this law falls within a critical period of Brazilian history. It was passed during the presidency of João Goulart, who assumed office following the resignation of Jânio Quadros. This era was characterized by significant political instability, economic challenges, and social reforms that would eventually lead to the military coup of 1964. The creation of laws regarding special budgetary credits and charitable organizations during this time reflects the government's attempt to manage fiscal resources and social welfare amidst a volatile political climate. The law stands as a historical artifact of the legislative efforts of the Goulart administration, documenting the specific priorities and administrative mechanisms of that specific moment in Brazil's timeline.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1961-12-20;4028)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4028&ano=1961&data=20/12/1961&ato=f31MzYU5keVRVT926)