# Law No. 4040 of December 20, 1961

> Brazilian law

**Wikidata**: [Q105648128](https://www.wikidata.org/wiki/Q105648128)  
**Source**: https://4ort.xyz/entity/law-no-4040-of-december-20-1961

## Summary
Law No. 4040 of December 20, 1961, is a Brazilian statute enacted to authorize a special budgetary adjustment, specifically categorized as a "Crédito Especial." Promulgated by President João Goulart, the law primarily concerns the financial allocations and administrative operations of the Ministry of Education (MEC). It serves as a formal legal document within the Brazilian legislative framework and is officially recorded in the national capital, Brasília.

## Key Facts
- **Official Title:** Lei nº 4040, de 20 de dezembro de 1961
- **Legal Citation:** Lei nº 4040/1961
- **Classification:** Statute (formal written document that creates law)
- **Country of Origin:** Brazil
- **Jurisdiction:** Federal Republic of Brazil
- **Date of Promulgation:** December 20, 1961
- **Approved By:** João Goulart, Presidency of the Federative Republic of Brazil
- **Main Subjects:** Special budgetary adjustment (Crédito Especial) and the Ministry of Education (Ministerio Da Educação - MEC)
- **Language:** Brazilian Portuguese
- **Place of Publication:** Brasília, Brazil
- **LexML Brazil Identifier:** urn:lex:br:federal:lei:1961-12-20;4040
- **Digital Repository:** Available via the official Planalto government portal (planalto.gov.br)
- **Project Affiliation:** WikiProject Brazilian Laws

## FAQs

**What is the primary objective of Law No. 4040 of 1961?**
The law was established to facilitate a special budgetary adjustment, known in Brazilian legal terms as a "Crédito Especial." This financial measure was specifically directed toward the Ministry of Education to manage its funding and resource allocation.

**Who was the presiding authority that approved this law?**
Law No. 4040 was approved and promulgated by João Goulart, who served as the President of the Federative Republic of Brazil at the time. The act of promulgation occurred on December 20, 1961.

**How is this law classified within the legal system?**
It is classified as a statute, which is a formal written document that serves as a manifestation of statutory law. As a statute, it is considered a subclass of a "written work" and a "rule," functioning as an official record of a legal norm enacted by the Brazilian government.

**Where can the official text of Law No. 4040 be accessed?**
The full text of the law is available through the official website of the Presidency of the Republic (Planalto). It is also indexed in the LexML Brazil network under the unique identifier `urn:lex:br:federal:lei:1961-12-20;4040`.

## Why It Matters
Law No. 4040 of 1961 represents a critical administrative tool for the governance of Brazilian national education during the early 1960s. By authorizing a "Crédito Especial," the law provided the necessary legal and financial framework for the Ministry of Education to address specific budgetary needs that were not covered by the standard annual budget. This type of legislation is essential for the flexible operation of government ministries, allowing them to respond to shifting educational priorities or unforeseen expenses. Furthermore, as a formal statute, it reinforces the principle of the rule of law, ensuring that all government spending is documented, authorized by the executive branch, and made accessible to the public as a matter of historical and legal record.

## Notable For
- **Specific Educational Focus:** Unlike general budgetary laws, this statute is explicitly tied to the Ministry of Education (MEC).
- **Historical Context:** Promulgated during the presidency of João Goulart, a significant period in Brazilian political history.
- **Early Brasília Legislation:** Published in Brasília shortly after the city became the federal capital in 1960.
- **Standardized Identification:** It is integrated into the LexML Brazil system, a standard for the persistent identification of Brazilian legislative and silk-link documents.
- **Public Domain Nature:** As a Brazilian statute, it functions as an official legal document intended for public access and adherence.

## Body

### Legislative Context and Promulgation
Law No. 4040 was enacted on December 20, 1961, in Brasília, the capital of Brazil. It was promulgated by President João Goulart, who exercised the executive authority to approve the legislative act. The law is a "statute," a term that encompasses acts passed by a legislature, executive orders, and by-laws. In the Brazilian legal hierarchy, this law serves as a formal manifestation of statutory law, composed of specific legal norms that govern state action.

### Subject Matter: Special Budgetary Adjustment
The core function of Law No. 4040 is the authorization of a "Crédito Especial" (Special Credit). In the context of Brazilian public finance, a special credit is a form of budgetary adjustment used to fund expenses for which there is no specific budget allocation in the existing Annual Budget Law. This specific adjustment was designated for the Ministry of Education (Ministerio Da Educação), indicating a targeted financial intervention to support educational programs or administrative requirements during the 1961 fiscal period.

### Technical Specifications and Identifiers
To ensure legal transparency and ease of citation, Law No. 4040 is associated with several technical identifiers:
*   **LexML ID:** The law is uniquely identified in the Brazilian legal database as `urn:lex:br:federal:lei:1961-12-20;4040`.
*   **Legal Citation:** It is standardly cited in legal proceedings and academic research as `Lei nº 4040/1961`.
*   **Digital Access:** The official text is maintained by the Presidency of the Republic and can be accessed at the URL `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4040.htm`.
*   **Language:** The document is written in Brazilian Portuguese, the official language of the jurisdiction.

### Classification as a Statute
As an instance of a statute, Law No. 4040 follows the global legal concept of a formal written document that creates law. Statutes are taxonomically classified as subclasses of "written works," "documents," and "rules." They are distinct from "draft laws," as they represent the final enacted version of a legal act. In many international jurisdictions, including the United States and France, such documents are considered part of the public domain under the "edict of government doctrine," ensuring that the public has unrestrained access to the rules that govern them. Law No. 4040 is part of this tradition, serving as a definitive reference point for citizens and administrators within Brazil.

### National and Jurisdictional Context
The law applies to the jurisdiction of Brazil, a federal republic in South America. At the time of the law's passing in 1961, Brazil was navigating a complex political era under the presidency of João Goulart. The law was published in Brasília, which had been inaugurated as the capital only a year prior, on April 22, 1960. As a federal law, it fell under the oversight of the National Congress of Brazil and the Supreme Federal Court (STF) for any judicial review. The enactment of such statutes is a primary instrument through which the Brazilian government exercises its authority and records its administrative decisions.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1961-12-20;4040)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4040&ano=1961&data=20/12/1961&ato=689g3aU5keVRVTf56)