# Law No. 4048 of December 29, 1961

> Brazilian law

**Wikidata**: [Q105648140](https://www.wikidata.org/wiki/Q105648140)  
**Source**: https://4ort.xyz/entity/law-no-4048-of-december-29-1961

## Summary
Law No. 4048 of December 29, 1961, is a Brazilian federal statute enacted to organize the Ministry of Industry and Commerce and provide for other administrative measures. Promulgated by President João Goulart, this legislation specifically addresses special budgetary adjustments known as "Credito Especial" and establishes the administrative framework for the ministry. It serves as a foundational legal instrument for Brazil's industrial and commercial governance during the early 1960s.

## Key Facts
- **Official Title:** Lei nº 4048, de 29 de dezembro de 1961.
- **Legal Citation:** Lei nº 4048/1961.
- **Enactment Date:** December 29, 1961.
- **Jurisdiction:** Federative Republic of Brazil.
- **Promulgating Authority:** Presidency of the Federative Republic of Brazil.
- **Head of State at Enactment:** João Goulart.
- **Primary Subject:** Organization of the Ministry of Industry and Commerce (Organização do Ministério da Indústria e do Comércio).
- **Secondary Subjects:** Special budgetary adjustment (Credito Especial), Administrative Organization (Organização Administrativa), and Creation (Criação).
- **Legal Classification:** Statute (a formal written document creating law).
- **Language:** Brazilian Portuguese.
- **Place of Publication:** Brasília.
- **LexML Brazil Identifier:** urn:lex:br:federal:lei:1961-12-29;4048.
- **Official Online Source:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4048.htm.
- **Digest Description:** "DISPÕE SOBRE A ORGANIZAÇÃO DO MINISTERIO DA INDUSTRIA E DO COMERCIO, E DA OUTRAS PROVIDENCIAS."

## FAQs
**What is the primary purpose of Law No. 4048/1961?**
The law was enacted to define the organizational structure of the Ministry of Industry and Commerce within the Brazilian federal government. Additionally, it authorizes special budgetary adjustments and establishes other necessary administrative provisions to support the ministry's operations.

**Who signed this law into effect and when?**
The statute was approved and promulgated by the Presidency of the Federative Republic of Brazil under the administration of President João Goulart. The official date of enactment and publication was December 29, 1961.

**Where can the full text of this legislation be accessed?**
The official text is available through the Brazilian government's Planalto portal at the specific URL for laws between 1950 and 1969. It is also indexed in the LexML Brazil system, which provides a standardized digital identifier for the document.

**What specific administrative areas does this law cover?**
Beyond the general organization of the ministry, the law explicitly covers "Organização Administrativa" (Administrative Organization) and "Criação" (Creation) of specific entities or roles. It also addresses financial matters through the mechanism of "Credito Especial" (Special Credit).

## Why It Matters
Law No. 4048/1961 is a critical piece of Brazilian administrative history that formalized the structure of the Ministry of Industry and Commerce during a pivotal era of economic development. By defining the ministry's organization, the law provided the legal backbone necessary for the federal government to execute industrial policies and manage commercial regulations effectively. The inclusion of "Credito Especial" provisions allowed for flexible budgetary management, enabling the state to respond to immediate economic needs without waiting for new annual budget cycles. This legislation reflects the mid-20th-century Brazilian state's active role in directing industrial growth and commercial activity, setting precedents for how federal ministries are structured and funded. Its existence ensures that the administrative hierarchy and financial mechanisms of the ministry were legally codified, providing stability and clarity for government operations and private sector interactions.

## Notable For
- **Specific Administrative Focus:** It is uniquely dedicated to the structural organization of the Ministry of Industry and Commerce, distinguishing it from broader economic laws.
- **Budgetary Flexibility:** The law is notable for incorporating "Credito Especial" (Special Credit) mechanisms, allowing for targeted financial adjustments.
- **Historical Context:** Enacted during the presidency of João Goulart, it represents a specific moment in Brazil's political and economic timeline just before the 1964 military coup.
- **Digital Preservation:** The law is fully digitized and accessible via the LexML Brazil project, ensuring long-term public access to this historical statute.
- **Administrative Creation:** It serves as the legal basis for the "Creation" of specific administrative bodies or roles within the ministry's framework.

## Body

### Legislative Identity and Classification
Law No. 4048 of December 29, 1961, is classified as a **statute**, which is a formal written document that creates law. In the context of Brazilian jurisprudence, it falls under the category of federal legislation enacted by the National Congress and promulgated by the Executive branch. The document serves as the official record of legal rules enacted by the government, functioning as a manifestation of statutory law. It is taxonomically a subclass of "written work," "document," and "rule." The law is identified in the LexML Brazil system with the unique URN `urn:lex:br:federal:lei:1961-12-29;4048`, ensuring precise digital identification. Its legal citation is standardly referred to as "Lei nº 4048/1961."

### Enactment and Promulgation Details
The statute was officially approved and promulgated on **December 29, 1961**. The authority responsible for this action was the **Presidency of the Federative Republic of Brazil**, with **João Goulart** serving as the head of state at the time. The determination method for the law's validity was "promulgation," a formal act that brings the legislation into force. The place of publication was **Brasília**, the federal capital of Brazil. The language of the work is **Brazilian Portuguese**, reflecting the official linguistic standard of the nation. The law was published in the official government gazette, making it binding upon publication.

### Core Subject Matter and Administrative Scope
The primary focus of Law No. 4048 is the **organization of the Ministry of Industry and Commerce** (Ministério da Indústria e do Comércio). The law's digest explicitly states it "DISPÕE SOBRE A ORGANIZAÇÃO DO MINISTERIO DA INDUSTRIA E DO COMERCIO, E DA OUTRAS PROVIDENCIAS" (Provides for the organization of the Ministry of Industry and Commerce, and other provisions). This indicates a comprehensive restructuring or definition of the ministry's internal hierarchy, departments, and operational mandates.

The legislation addresses three distinct main subjects:
1.  **Special Budgetary Adjustment (Credito Especial):** The law authorizes specific financial credits, likely to fund the newly organized structures or immediate operational needs of the ministry.
2.  **Administrative Organization (Organização Administrativa):** It defines the administrative framework, potentially outlining the roles, responsibilities, and reporting lines within the ministry.
3.  **Creation (Criação):** The law includes provisions for the creation of specific entities, offices, or positions necessary for the ministry's function.

### Digital Access and Metadata
The law is fully integrated into Brazil's digital legal infrastructure. It is accessible via the official Planalto website at `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4048.htm`. This URL serves as the primary work-available-at-url for the public and legal professionals. The LexML Brazil project provides a standardized metadata record for the law, including references to the official publication source and the date of access for verification purposes. The law is part of the broader "WikiProject Brazilian Laws," indicating its inclusion in collaborative efforts to document and standardize Brazilian legal history.

### Historical and Jurisdictional Context
This statute applies exclusively to the **jurisdiction of Brazil**. It was enacted during a period of significant political transition in the country, shortly before the military coup of 1964. The Ministry of Industry and Commerce was a central pillar of Brazil's economic strategy during the mid-20th century, aiming to industrialize the nation and regulate commercial activities. By organizing this ministry, Law No. 4048/1961 contributed to the state's capacity to manage economic development. The law remains a part of the historical legal corpus of Brazil, referenced in legal databases and academic studies regarding the evolution of Brazilian administrative law.

### Related Legal Concepts
As a statute, Law No. 4048 is part of the broader concept of **statutory law**. It is distinct from executive orders or by-laws in that it is a formal act of the legislature, though it is promulgated by the executive. The law interacts with other legal concepts such as "draft laws" (its precursor) and "legal norms" (its constituent parts). It is an instance of a "legal term or legal concept" in knowledge systems and is equivalent to the `https://schema.org/Legislation` class used in structured data on the web. The law is in the public domain, consistent with the "edict of government doctrine" which exempts official legal documents from copyright restrictions in Brazil and other jurisdictions.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1961-12-29;4048)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4048&ano=1961&data=29/12/1961&ato=e01UzaU5keVRVT505)
3. LexML Brasil