# Law No. 4038 of December 20, 1961 > Brazilian law **Wikidata**: [Q105648125](https://www.wikidata.org/wiki/Q105648125) **Source**: https://4ort.xyz/entity/law-no-4038-of-december-20-1961 ## Summary Law No. 4038 of December 20, 1961 (Lei nº 4038/1961) is a Brazilian statute that establishes special budgetary credits, specifically related to the Ministry of Education (MEC). Promulgated by President João Goulart on behalf of the Presidency of the Federative Republic of Brazil, this law represents a formal legislative act creating provisions for extraordinary financial authorizations within the Brazilian federal government. The statute was published in Brasília in Brazilian Portuguese and remains accessible through the official government portal. ## Key Facts - **Official Title:** Lei nº 4038, de 20 de dezembro de 1961 - **Legal Citation:** Lei nº 4038/1961 - **Date of Enactment:** December 20, 1961 - **Promulgating Authority:** Presidency of the Federative Republic of Brazil - **President at Time:** João Goulart (approved with determination method: promulgation) - **Country of Jurisdiction:** Brazil - **Place of Publication:** Brasília - **Language:** Brazilian Portuguese - **Classification:** Statute (formal written document that creates law) - **Primary Subject Matter:** Special budgetary adjustment (Credito Especial) - **Related Government Body:** Ministry of Education (Ministerio Da Educação - MEC) - **LEXML Brazil Identifier:** urn:lex:br:federal:lei:1961-12-20;4038 - **Official Archive URL:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4038.htm - **Equivalent Concept:** Statute (a formal written document that creates law, including acts, executive orders, and by-laws) ## FAQs **What type of legal instrument is Law No. 4038/1961?** Law No. 4038/1961 is classified as a statute, which is a formal written document that creates law. In the Brazilian legal system, statutes are the primary form of legislative expression, enacted through the proper legislative process and carrying binding legal force. This classification places the law within the broader category of statutory law, which encompasses acts passed by legislatures, executive orders, and by-laws. **What is the subject matter of Law No. 4038 of December 20, 1961?** The law deals with special budgetary adjustments, specifically categorized as "Credito Especial" (special credit). It relates to the Ministry of Education (MEC), indicating that the legislation authorized extraordinary budgetary provisions for educational purposes within the federal government structure. **Who promulgated Law No. 4038/1961?** The law was promulgated by President João Goulart, who served as President of Brazil from 1961 to 1964. The determination method noted is "promulgation," which is the formal act of enacting a law after it has passed through the legislative process, giving it legal force and effect. **Where can Law No. 4038/1961 be accessed?** The full text of Law No. 4038/1961 is available through the official Brazilian government portal at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4038.htm. It is also catalogued in the LEXML system, Brazil's legislative information database, under the identifier urn:lex:br:federal:lei:1961-12-20;4038. **What jurisdiction does Law No. 4038/1961 apply to?** This statute applies to Brazil as a whole, representing federal legislation enacted within the Brazilian legal system. As a federal law, it carries binding force across all states and municipalities of Brazil, unless otherwise specified within its provisions. ## Why It Matters Law No. 4038 of December 20, 1961 matters as an example of how the Brazilian federal government utilized special budgetary legislation (credito especial) to address specific financial needs within the Ministry of Education. During the early 1960s, Brazil was undergoing significant political and economic transitions, and the authorization of special budgetary credits represented an important tool for executive branch governance. This law demonstrates the legislative mechanism through which the federal government could allocate extraordinary funds for priority areas, particularly in the education sector. The law also reflects the broader context of Brazilian statutory development during the João Goulart administration, a period characterized by significant social and economic reform efforts. As a formal written document creating law, it exemplifies the statute concept within the Brazilian legal framework—a concept that encompasses acts, executive orders, and by-laws as formal expressions of legal authority. Furthermore, the preservation of this law in official government archives and its continued accessibility through digital platforms demonstrates Brazil's commitment to maintaining legislative transparency and public access to legal documents. The law's inclusion in the LEXML database and its classification as a statute provides researchers, legal professionals, and citizens with searchable access to Brazil's legislative heritage. ## Notable For - **Historical Significance:** Represents federal budgetary legislation from the early 1960s during President João Goulart's administration - **Sector Focus:** Specifically addresses funding for the Ministry of Education (MEC), highlighting governmental prioritization of educational administration - **Legal Classification:** Demonstrates the "special credit" (Credito Especial) mechanism within Brazilian budgetary law - **Digital Preservation:** Remains accessible through official government portals, exemplifying Brazil's legislative digital archiving efforts - **Standardized Identification:** Assigned the LEXML identifier urn:lex:br:federal:lei:1961-12-20;4038 for precise legislative referencing ## Body ### Legislative Context and Classification Law No. 4038 of December 20, 1961 is classified as a statute within the Brazilian legal system. A statute, as defined in legal taxonomy, is a formal written document that creates law, encompassing acts passed by legislatures, executive orders, and by-laws. This classification places the law within the broader framework of statutory law, which serves as the concrete manifestation of legislative authority in Brazil. The statute follows the standard Brazilian legislative format, bearing the designation "Lei nº 4038" (Law No. 4038) with the full date of enactment. This formal structure is consistent with other Brazilian federal laws enacted during the period, reflecting the standardized legislative drafting practices of the Brazilian federal government. ### Historical and Political Context The law was promulgated on December 20, 1961, during the presidency of João Goulart. Goulart served as President of Brazil from 1961 to 1964, a period marked by significant political, social, and economic transformations in Brazilian society. His administration pursued various reform initiatives, often utilizing special legislative mechanisms to address pressing national needs. The timing of the law's enactment is notable, as it occurred during a complex phase in Brazilian history when the government was navigating economic challenges while attempting to implement social reforms. Special budgetary credits (credito especial) represented one tool available to the executive branch to address urgent funding requirements outside the normal budgetary process. ### Subject Matter and Purpose Law No. 4038/1961 specifically addresses special budgetary adjustments related to the Ministry of Education, known in Portuguese as the Ministério da Educação (MEC). The law's primary subject matter involves the authorization of "Credito Especial"—special credit provisions that allow for extraordinary expenditures beyond those initially budgeted. This type of legislation reflects a common practice in Brazilian public finance, where special credits are authorized to meet specific governmental objectives that may not have been anticipated during the regular budgetary planning process. The connection to the Ministry of Education indicates that the law was designed to support educational administration and initiatives under MEC's jurisdiction. ### Publication and Official Documentation The law was published in Brasília, which had been the capital of Brazil since 1960, when the administrative functions were transferred from Rio de Janeiro. The official publication in Brasília represents the standard procedure for federal legislation, ensuring proper dissemination throughout the national territory. The official text is maintained in Brazilian Portuguese, consistent with all federal legislation in Brazil. The law is archived at the official portal of the Presidency of the Federative Republic of Brazil (https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4038.htm), where citizens and researchers can access the complete legislative text. ### Legal Documentation Systems Law No. 4038/1961 is catalogued in multiple Brazilian legal information systems. The LEXML system, which serves as Brazil's primary legislative database, assigns the identifier "urn:lex:br:federal:lei:1961-12-20;4038" to this statute. This standardized identification system enables precise referencing and retrieval of the law across different platforms and databases. The law's inclusion in these documentation systems reflects Brazil's commitment to maintaining comprehensive legislative records and ensuring public access to legal information. Such systems are essential for legal research, judicial proceedings, and civic engagement with the legal framework governing Brazilian society. ### Relationship to Broader Legal Concepts As a statute, Law No. 4038/1961 embodies the concept of statutory law within the Brazilian legal system. This places it within the broader category of "legal norm"—the formal rules that govern conduct within Brazilian society. The law represents an exercise of legislative authority, creating specific legal obligations and authorizations related to budgetary matters in the education sector. The statute also relates to the concept of "legislation" as the process through which laws are created, and to "legal acts" as formal expressions of legal will by competent authorities. These relationships situate Law No. 4038/1961 within the larger framework of Brazilian legal taxonomy and institutional structures. ### Accessibility and Transparency The continued availability of Law No. 4038/1961 through official government portals exemplifies Brazil's approach to legislative transparency. This accessibility allows citizens, legal professionals, academics, and researchers to examine the law's provisions and understand its historical and legal significance. The digital preservation of such legal documents represents an important aspect of democratic governance, enabling public scrutiny of legislative actions and supporting the rule of law. Brazil's investment in maintaining comprehensive online legal databases reflects modern approaches to government transparency and public access to official information. ## References 1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1961-12-20;4038) 2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4038&ano=1961&data=20/12/1961&ato=979QzZU5keVRVT4c9)