# Law No. 4036 of December 20, 1961

> Brazilian law

**Wikidata**: [Q105648122](https://www.wikidata.org/wiki/Q105648122)  
**Source**: https://4ort.xyz/entity/law-no-4036-of-december-20-1961

## Summary
Law No. 4036 of December 20, 1961, is a Brazilian federal statute primarily established to address the subject of a Special Pension (**Pensão Especial**). Promulgated by President João Goulart in the capital city of Brasília, it serves as a formal written document that creates law within the jurisdiction of the Federative Republic of Brazil.

## Key Facts
- **Full Title:** Lei nº 4036, de 20 de dezembro de 1961
- **Legal Citation:** Lei nº 4036/1961
- **Classification:** Statute (formal written document; subclass of "written work," "document," and "rule")
- **Jurisdiction:** Brazil
- **Promulgation Date:** December 20, 1961
- **Approving Authority:** Presidency of the Federative Republic of Brazil
- **Signatory:** João Goulart (President of Brazil)
- **Main Subject:** Special Pension (Pensão Especial / Q105766456)
- **Language:** Brazilian Portuguese
- **Place of Publication:** Brasília, Brazil
- **LexML Brazil ID:** urn:lex:br:federal:lei:1961-12-20;4036
- **Official Source:** Available via the Presidency's Planalto portal (planalto.gov.br)
- **Project Association:** WikiProject Brazilian Laws

## FAQs
**What is the primary purpose of Law No. 4036 of December 20, 1961?**
This law is a federal statute enacted by the Brazilian government to regulate matters concerning a Special Pension (Pensão Especial). It functions as a concrete manifestation of statutory law, establishing specific legal norms within the Brazilian social security or administrative framework.

**Who was responsible for the approval and publication of this law?**
The law was approved by the Presidency of the Federative Republic of Brazil and promulgated by President João Goulart on December 20, 1961. It was officially published in Brasília, which had become the nation's capital only 20 months prior to the law's enactment.

**How is Law No. 4036 identified in legal databases?**
It is indexed in the LexML Brazil system under the Uniform Resource Name `urn:lex:br:federal:lei:1961-12-20;4036`. It is also recognized by its standard legal citation, Lei nº 4036/1961, and is documented within the scope of WikiProject Brazilian Laws.

**Is the text of Law No. 4036 accessible to the public?**
Yes, the full text of the statute is available through the official website of the Presidency of the Republic (Planalto). As a statute, it is a public document intended for the governance and information of the citizenry.

## Why It Matters
Law No. 4036 of December 20, 1961, represents a formal exercise of legislative authority during a transformative period in Brazilian history. Enacted during the presidency of João Goulart, it provides the legal basis for "Special Pensions," serving as a definitive reference point for courts, administrators, and citizens. As a statute, it is part of the foundational legal concept that ensures government mandates are documented and enforceable. Its existence within the Brazilian legal framework contributes to the "statutory law" that governs society, ensuring that specific social or administrative provisions—such as those for pensions—are codified in a permanent, written record.

## Notable For
- **Presidential Promulgation:** Signed into law by João Goulart, whose presidency (1961–1964) was a significant era in Brazil's political development.
- **Early Brasília Legislation:** One of the federal laws enacted shortly after the transfer of the Brazilian capital from Rio de Janeiro to Brasília in 1960.
- **Standardized Legal Indexing:** Recognized by the LexML Brazil project, which uses persistent identifiers to organize the country's legislative history.
- **Subject Specificity:** Dedicated specifically to the legal subject of "Pensão Especial" (Special Pension).
- **Public Domain Status:** As a statute, it follows the general principle that official legal enactments are not subject to copyright, ensuring public accessibility to the rules that govern them.

## Body

### Legislative Context and Approval
Law No. 4036 was enacted on December 20, 1961, in Brasília. It was approved by the **Presidency of the Federative Republic of Brazil**, with the act of promulgation performed by **João Goulart**. This occurred during a period when Brazil was a federal republic and a representative democracy. The law is written in **Brazilian Portuguese** and is classified as a **statute**, which is defined as a formal written document that creates law.

### Classification and Legal Nature
As an instance of a statute, Law No. 4036 is taxonomically categorized as a subclass of "written work," "document," and "rule." In the broader legal system, it is considered a manifestation of **statutory law** and is composed of **legal norms**. The creation of such a document typically follows the introduction of "draft laws" and is the direct result of the "legislation" process. 

The concept of a statute, which Law No. 4036 exemplifies, is globally recognized and indexed:
- **Library Classifications:** Statutes are cataloged under Dewey Decimal codes 342.057 and 348.02.
- **Authority Control:** The concept is identified by the Library of Congress (sh85127611), the Bibliothèque nationale de France (120485802), and the GND (4020660-9).
- **Web Ontology:** It is equivalent to the `https://schema.org/Legislation` class.

### Subject Matter: Special Pension
The main subject of Law No. 4036 is the **Pensão Especial** (Special Pension). This subject is identified in structured data as Q105766456. The law applies specifically to the jurisdiction of **Brazil**. While the raw description identifies it simply as "Brazilian law," its structured properties clarify its role in the administrative or social welfare sector of the 1960s Brazilian government.

### Historical and Geographical Setting
The law was published in **Brasília**, the capital of Brazil since April 22, 1960. At the time of the law's passage in 1961, Brazil was experiencing significant political shifts. The country had declared independence from Portugal in 1822 and had transitioned through various forms of government, including the Empire of Brazil and the Republic of the United States of Brazil. Law No. 4036 was passed just a few years before the 1964 military coup that would lead to a period of military rule lasting until 1985.

### Digital Access and Identification
Law No. 4036 is highly integrated into modern digital legal repositories:
- **LexML Brazil:** It carries the unique URN `urn:lex:br:federal:lei:1961-12-20;4036`.
- **Official Portal:** The work is available at the URL `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4036.htm`.
- **Community Oversight:** It is a focus of **WikiProject Brazilian Laws**, a project dedicated to documenting the legislative acts of the country.

### Copyright and Public Policy
In accordance with the "edict of government doctrine" observed in various jurisdictions (such as the United States and France), statutes like Law No. 4036 are generally considered to be in the **public domain**. This policy ensures that official legislative enactments, which citizens are required to follow, are not restricted by copyright and remain freely accessible to the public. This reinforces the principles of open government and the rule of law within the Federative Republic of Brazil.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1961-12-20;4036)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4036&ano=1961&data=20/12/1961&ato=bf2IzZU5keVRVT35e)