# Law No. 4039 of December 20, 1961

> Brazilian law

**Wikidata**: [Q105648127](https://www.wikidata.org/wiki/Q105648127)  
**Source**: https://4ort.xyz/entity/law-no-4039-of-december-20-1961

## Summary
Law No. 4039 of December 20, 1961 is a Brazilian federal statute promulgated by President João Goulart that establishes special budgetary adjustments and provisions for Regional Electoral Courts, with specific application to the state of Minas Gerais. This legislative act represents a formal written instrument of statutory law in Brazil, published in Brasília and available through the official federal government portal.

## Key Facts
- **Official Title**: Lei nº 4039, de 20 de dezembro de 1961
- **Promulgation Date**: December 20, 1961
- **Promulgating Authority**: Presidency of the Federative Republic of Brazil under President João Goulart
- **Legal Classification**: Federal statute (instance of "statute" as a formal written document that creates law)
- **Primary Subjects**: Special budgetary adjustment (Credito Especial), Regional Electoral Courts (Tribunal Regional Eleitoral - TRE), judiciary (Judiciario), and Minas Gerais state
- **Place of Publication**: Brasília, Brazil
- **Language**: Brazilian Portuguese
- **Legal Citation**: Lei nº 4039/1961
- **Jurisdictional Scope**: Applies to the entire Federative Republic of Brazil
- **LexML Identifier**: urn:lex:br:federal:lei:1961-12-20;4039
- **Official URL**: Available at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4039.htm
- **Wikidata Description**: Brazilian law
- **Wikimedia Project Status**: Included in WikiProject Brazilian Laws focus list

## FAQs
**What is Law No. 4039 of December 20, 1961?**
Law No. 4039 is a Brazilian federal statute enacted on December 20, 1961, that creates legal provisions for special budgetary adjustments and addresses matters concerning Regional Electoral Courts, particularly focusing on the state of Minas Gerais.

**Who promulgated this law and under what authority?**
President João Goulart promulgated the law through the Presidency of the Federative Republic of Brazil on December 20, 1961, exercising executive legislative authority as the head of state.

**What specific subjects does this statute regulate?**
The law addresses four main areas: special budgetary credits (Credito Especial), the structure and function of Regional Electoral Courts (TRE), general judiciary matters (Judiciario), and specific provisions for the state of Minas Gerais (Estado De Minas Gerais - MG).

**Where can legal researchers access the full text of this law?**
The complete text is publicly available through the official Brazilian government portal at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4039.htm, maintained by the Presidency's legislative documentation system.

**How is this law formally cited in Brazilian legal practice?**
The standard legal citation is "Lei nº 4039/1961," following Brazilian legislative citation conventions that include law number and year of promulgation.

**What is the LexML identifier and why is it significant?**
The LexML Brazil identifier is urn:lex:br:federal:lei:1961-12-20;4039, which provides a permanent, standardized URI for precise identification and retrieval of the legislative document within Brazil's legal information system.

## Why It Matters
Law No. 4039 of December 20, 1961 matters because it represents a concrete manifestation of statutory law in Brazil's civil law system, operating as a formal written document that creates binding legal obligations. As a statute, it functions within Brazil's hierarchical legal framework where federal laws supersede state and municipal legislation, making it applicable across the entire nation despite its specific references to Minas Gerais. The law's provisions for special budgetary adjustments (Credito Especial) provide mechanisms for extraordinary financial allocations, which is critical for government operations requiring flexibility beyond regular budgetary constraints. Its establishment of parameters for Regional Electoral Courts (Tribunal Regional Eleitoral) contributes to the institutional framework of Brazil's electoral justice system, which operates alongside the ordinary judiciary to ensure electoral integrity. The statute's publication in Brasília, the federal capital since 1960, reflects the consolidation of Brazil's new administrative center during a period of political transition. The law's availability in the public domain, consistent with the edict of government doctrine that places official legal documents outside copyright restrictions, ensures that citizens, legal practitioners, and researchers can freely access and reference the text. Its inclusion in WikiProject Brazilian Laws demonstrates its significance as a documented piece of Brazil's legislative history worth systematic cataloging. The law's existence under President João Goulart's administration places it within the context of Brazil's early 1960s political landscape, a period marked by economic challenges and institutional reforms that preceded the 1964 military coup. By addressing both budgetary and judicial matters in a single instrument, the statute exemplifies the comprehensive nature of Brazilian legislation, where diverse administrative topics can be consolidated into unified legal acts.

## Notable For
- **Specific State Focus**: Explicitly references Minas Gerais in its provisions, demonstrating how federal statutes can target particular states while maintaining national applicability
- **Dual Subject Matter**: Uniquely combines budgetary provisions (special credits) with judicial organizational matters (Regional Electoral Courts) in a single legislative instrument
- **Historical Context**: Enacted during the brief presidency of João Goulart (1961-1964), representing legislation from a transitional democratic period before Brazil's military regime
- **Digital Preservation**: Assigned a permanent LexML identifier (urn:lex:br:federal:lei:1961-12-20;4039) for persistent digital access in Brazil's legal information architecture
- **Wikimedia Documentation**: Recognized by WikiProject Brazilian Laws as a significant legislative document warranting dedicated cataloging and verification
- **Public Domain Status**: As an official legislative enactment, the text is exempt from copyright under the edict of government doctrine, ensuring unrestricted public access
- **Precise Dating**: Publication date of December 20, 1961 places it within the final month of Goulart's first year in office, indicating urgent legislative priorities
- **Geographic Specificity**: Despite being a federal law, its stated focus on "Estado De Minas Gerais (MG)" shows the interplay between national legislation and state-level implementation

## Body

### Legislative Identity and Classification
Law No. 4039 of December 20, 1961 is formally titled "Lei nº 4039, de 20 de dezembro de 1961" and classified as a federal statute within Brazil's legal system. As a statute, it represents a formal written document that creates law, functioning as a manifestation of statutory law and serving as an official record of legal rules enacted by government authority. The law is an instance of the broader legal concept of "statute," which encompasses acts passed by legislatures, executive orders, and by-laws. In knowledge systems, statutes are distinguished from general concepts of "legislation" or "legal act" by their specific classification as subclasses of "written work," "document," and "rule." This particular statute carries the legal citation "Lei nº 4039/1961" and is composed of legal norms that apply to the entire Brazilian jurisdiction.

### Promulgation and Presidential Authority
The statute was approved by the Presidency of the Federative Republic of Brazil on December 20, 1961, through the act of promulgation by President João Goulart. This occurred during Goulart's presidency, which spanned from 1961 to 1964, a period characterized by political instability and economic reform attempts in Brazil. The promulgation process represents the final step in converting a legislative proposal into binding law, with the President serving as both head of state and head of government under Brazil's presidential system. The determination method specified as "promulgation" indicates that the law completed the full legislative process and received executive approval, distinguishing it from provisional measures or decree-laws that might require subsequent congressional ratification.

### Subject Matter and Provisions
The statute addresses four distinct but related subjects as documented in its main_subject properties. First, it establishes provisions for "special budgetary adjustment" (Credito Especial), which refers to extraordinary budgetary credits outside the regular annual budget, allowing the executive branch to address unforeseen expenditures or urgent financial needs. Second, it regulates "Regional Electoral Courts" (Tribunal Regional Eleitoral - TRE), which are components of Brazil's specialized electoral justice system that operates alongside the ordinary judiciary to adjudicate electoral disputes and ensure the legality of elections. Third, it references the "judiciary" (Judiciario) more broadly, suggesting provisions that affect the judicial branch's structure or operations. Fourth, it specifically mentions "Minas Gerais" (Estado De Minas Gerais - MG), indicating that certain provisions have particular application to Brazil's second-most populous state, which contains the third-largest metropolitan area of Belo Horizonte and operates its own TRE-MG (Regional Electoral Court of Minas Gerais).

### Publication and Accessibility
The law was published in Brasília, which became Brazil's federal capital on April 22, 1960, just over a year before this statute's enactment. This geographic detail reflects the relocation of Brazil's administrative center from Rio de Janeiro to the newly constructed capital in the Central-West region. The official text is available in Brazilian Portuguese at the URL https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4039.htm, hosted by the Presidency's legislative documentation system. This accessibility aligns with Brazil's commitment to open government principles, ensuring that citizens can freely access the laws governing them. The document's language is Brazilian Portuguese, the official language of Brazil, which differs from European Portuguese in vocabulary, pronunciation, and some grammatical structures.

### Legal Framework and Jurisdictional Application
As a federal statute, the law applies to the entire jurisdiction of Brazil, a country that occupies 8,515,767 km² and shares borders with ten nations: Argentina, Bolivia, Colombia, French Guiana, Guyana, Paraguay, Peru, Suriname, Uruguay, and Venezuela. Brazil operates as a federal republic with a presidential system, where the National Congress (composed of the Federal Senate and Chamber of Deputies) holds legislative authority. The statute functions within this federal structure, where laws enacted at the federal level supersede state and municipal legislation. The law's applicability to Minas Gerais specifically demonstrates how federal legislation can address state-level institutions—in this case, the Regional Electoral Court of Minas Gerais—while maintaining uniform standards across all 26 Brazilian states plus the Federal District.

### Digital Identification and Cataloging
The statute carries a permanent LexML Brazil identifier: urn:lex:br:federal:lei:1961-12-20;4039. This Uniform Resource Name (URN) follows the LexML standard developed by Brazil's National Institute of Metrology, Quality and Technology (Inmetro) and the Legislative Consultant of the Federal Senate to create persistent, technology-independent identifiers for legislative documents. The identifier components specify: "br" for Brazil, "federal" for the federal level, "lei" for law, "1961-12-20" for the date, and "4039" for the law number. This system ensures that even if the physical location of the digital document changes, its identifier remains constant, supporting long-term legal research and citation stability.

### Copyright and Public Domain Status
As an official legislative enactment of the Brazilian federal government, Law No. 4039 exists in the public domain, consistent with the edict of government doctrine that exempts official legal documents from copyright protection. This doctrine, recognized in jurisdictions including the United States and France, establishes that judicial opinions, administrative rulings, legislative enactments, and public ordinances must remain freely accessible to the public. In Brazil, this principle ensures that citizens cannot be restricted from accessing the laws they are obligated to follow, reinforcing the rule of law and preventing private ownership of public legal texts. The law's publication through official government channels without copyright restrictions facilitates its reproduction in legal databases, academic publications, and private legal practice materials.

### Wikimedia and Knowledge Management
The statute is included in WikiProject Brazilian Laws, a Wikimedia initiative focused on systematically documenting and verifying Brazilian legislation within Wikipedia and Wikidata ecosystems. This project aims to create comprehensive, accurate, and interlinked articles about Brazilian laws, ensuring that legal information meets encyclopedic standards. The inclusion indicates that the law has been identified as significant enough to warrant dedicated cataloging, cross-referencing with related legal concepts, and maintenance by volunteer editors specializing in Brazilian legal topics. The wikidata_description "Brazilian law" provides a concise classification within the broader knowledge graph of legislative instruments.

### Historical and Political Context
The law's enactment date of December 20, 1961 places it within the first year of João Goulart's presidency, which began on September 7, 1961. This period followed the resignation of President Jânio Quadros and occurred during Brazil's Fourth Republic (1946-1964), an era marked by political polarization, economic instability, and social reform movements. The law predates the 1964 military coup that established a 21-year dictatorship, making it part of Brazil's democratic legislative output before the authoritarian period. The statute's focus on electoral courts and budgetary matters reflects typical administrative concerns of a government managing institutional development while facing fiscal pressures. The reference to Minas Gerais is particularly notable given that state's historical political importance and its status as one of Brazil's most economically significant states, rich in mineral resources and agricultural production.

### Relationship to Broader Legal Concepts
As a statute, Law No. 4039 exemplifies the characteristics of formal written documents that create law, including acts, executive orders, and by-laws. It follows draft laws in the legislative process and results from the act of legislation, ultimately producing statutory law. The statute is composed of legal norms and functions as part of the broader concepts of law and legal act. In library classification systems, statutes are cataloged under Dewey Decimal numbers 342.057 and 348.02, and this particular law would be classified within Brazil's legal collection under these standards. The concept of statute is recognized globally, with equivalents in the Schema.org Legislation class and authority control identifiers including Library of Congress ID sh85127611 and GND ID 4020660-9, though these identifiers refer to the general concept rather than this specific law.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1961-12-20;4039)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4039&ano=1961&data=20/12/1961&ato=491UzZU5keVRVT5cf)