# Law No. 4068 of June 9, 1962

> Brazilian law

**Wikidata**: [Q105648213](https://www.wikidata.org/wiki/Q105648213)  
**Source**: https://4ort.xyz/entity/law-no-4068-of-june-9-1962

## Summary
Law No. 4068 of June 9, 1962 is a Brazilian federal statute that declares construction companies to be commercial enterprises and provides other related provisions. Enacted during the presidency of João Goulart, this law reclassifies the legal status of construction businesses under Brazilian commercial law.

## Key Facts
- **Official Title:** Lei nº 4068, de 9 de junho de 1962
- **Alias:** Lei nº 4068, de 9 de junho de 1962
- **Publication Date:** June 9, 1962
- **Approving Authority:** Presidency of the Federative Republic of Brazil, under President João Goulart, via promulgation
- **Place of Publication:** Brasília
- **Jurisdiction:** Brazil (federal law)
- **Language:** Brazilian Portuguese
- **Legal Citation:** Lei nº 4068/1962
- **Instance Of:** Statute (a formal written document that creates law)
- **Primary Subject (Law Digest):** DECLARA COMERCIAIS AS EMPRESAS DE CONSTRUÇÃO, E DA OUTRAS PROVIDENCIAS. (Declares construction companies as commercial, and provides other provisions)
- **Detailed Main Subjects:** 
  - Trade (stated as "Comercio")
  - Hypothesis (stated as "Hipotese")
  - Emission (stated as "Emissão")
- **LexML Brazil ID:** urn:lex:br:federal:lei:1962-06-09;4068
- **Full Text URL:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4068.htm
- **Wikimedia Project Focus:** Listed on WikiProject Brazilian Laws
- **Wikidata Description:** Brazilian law

## FAQs
**What is the official designation and number of this law?**
The law is officially designated as "Lei nº 4068, de 9 de junho de 1962" and is commonly cited as "Lei nº 4068/1962". Its LexML Brazil identifier is urn:lex:br:federal:lei:1962-06-09;4068.

**When was it enacted and who was the head of state?**
It was enacted and promulgated on June 9, 1962, during the presidency of João Goulart, who was the head of state of the Federative Republic of Brazil at that time.

**What is the primary purpose or subject of the law?**
The law's digest states its primary purpose is to "DECLARA COMERCIAIS AS EMPRESAS DE CONSTRUÇÃO, E DA OUTRAS PROVIDENCIAS," meaning it declares construction companies to be commercial enterprises and establishes other related legal provisions.

**What specific legal topics or subjects does the law address?**
Beyond its main commercial reclassification, the law specifically addresses subjects categorized as "trade" (Comercio), "hypothesis" (Hipotese), and "emission" (Emissão), indicating it covers commercial activities, conditional legal scenarios, and possibly the issuance of documents or securities.

**Where can the complete, official text of the law be accessed?**
The full text is available online at the official Brazilian government portal: https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4068.htm, which is part of the national legislation database.

**How is this law cited in legal contexts?**
The standard legal citation format for this statute is "Lei nº 4068/1962", which references its number and year of enactment, consistent with Brazilian legal citation practices.

## Why It Matters
Law No. 4068/1962 matters because it fundamentally altered the legal classification of construction companies within Brazil's commercial framework. By declaring these enterprises as "commercial," it subjected them to the specific set of laws, regulations, and legal norms governing commercial entities, distinct from other business forms. This reclassification would have had tangible effects on business operations, taxation, contractual obligations, and dispute resolution for the construction sector. As a federal statute from 1962, it represents a piece of Brazil's mid-20th century legislative landscape, a period preceding the 1964 military coup and occurring during the presidency of João Goulart. Its existence and content are part of the official, public domain record of Brazilian statutory law, ensuring transparency and accessibility for citizens, businesses, and legal professionals. The law's focus on "trade," "hypothesis," and "emission" suggests it provided a structured legal basis for commercial transactions, conditional agreements, and the formal issuance of instruments within the construction industry, contributing to the standardization and predictability of business law in Brazil.

## Notable For
- **Specific Sectoral Reclassification:** It is notable for its specific focus on reclassifying the entire construction company sector as commercial enterprises under Brazilian law.
- **Historical Context:** Enacted in 1962 during the final years of the Fourth Brazilian Republic and the presidency of João Goulart, placing it in a significant pre-military rule period.
- **Formal Identification:** Possesses a unique LexML Brazil identifier (urn:lex:br:federal:lei:1962-06-09;4068) and a standard legal citation (Lei nº 4068/1962).
- **Wikimedia Recognition:** Included on the focus list of WikiProject Brazilian Laws, indicating its relevance for collaborative documentation of Brazilian legislation.
- **Public Domain Status:** As an official Brazilian federal statute, it is in the public domain, freely accessible and reproducible without copyright restriction.
- **Geographic Scope:** A federal law that applies uniformly across the entire jurisdiction of the Federative Republic of Brazil.
- **Linguistic Specificity:** Codified in Brazilian Portuguese, the official language of its jurisdiction.

## Body

### Legal Classification and Nature
Law No. 4068/1962 is an **instance of a statute**. A statute is defined as a formal written document that creates law, encompassing acts, executive orders, and by-laws. As a statute, this law is a concrete manifestation of statutory law, functioning as the official written rule enacted by the Brazilian federal legislature. It is taxonomically classified as a subclass of "written work" and "document." Structurally, the law is composed of "legal norms" and is itself a "part of" the broader concepts of "law" and "legal act." Its creation was caused by the act of "legislation" and it results in "statutory law."

### Legislative History and Enactment
The law was **approved by the Presidency of the Federative Republic of Brazil**. The key actor in its enactment was President **João Goulart**. The **determination method** was **promulgation**, and the **point in time** of this action was **June 9, 1962**. Following its approval, the law was **published in Brasília**, which has been Brazil's capital city since April 22, 1960. This places its creation within the executive branch's role in the legislative process under the Brazilian Constitution of the time.

### Content, Scope, and Main Subjects
The law's **law_digest** provides its core summary: "DECLARA COMERCIAIS AS EMPRESAS DE CONSTRUÇÃO, E DA OUTRAS PROVIDENCIAS." This indicates its primary function is to **declare construction companies as commercial enterprises**. The law's detailed scope is broken down into three main subjects, each with a stated term:
1.  **Trade** (stated as "Comercio"): The law operates within the domain of commercial activity and business law.
2.  **Hypothesis** (stated as "Hipotese"): This suggests the law establishes conditions, presumptions, or specific scenarios under which its provisions apply.
3.  **Emission** (stated as "Emissão"): This subject likely refers to the formal issuance of documents, securities, or declarations related to the commercial activities of construction companies.

### Jurisdictional and Linguistic Context
The law **applies to the jurisdiction of Brazil**. Brazil is a **federal republic** with a presidential system. As a federal statute, Law No. 4068/1962 holds authority over the entire national territory, superseding any conflicting state or local legislation in its areas of competence. The **language_of_work_or_name** is **Brazilian Portuguese**, which is the official language of the federation and the language in which all federal laws are codified and published.

### Accessibility, Identifiers, and Documentation
The law has a dedicated **LexML Brazil ID**: `urn:lex:br:federal:lei:1962-06-09;4068`. This identifier is used in Brazil's official digital legislation system. The **work_available_at_url** points to its full text hosted on the official government portal (`planalto.gov.br`). Its **legal_citation_of_this_text** is the standardized reference "Lei nº 4068/1962". The law is formally described in knowledge bases with the **wikidata_description** "Brazilian law". It is also tracked by the **WikiProject Brazilian Laws** on Wikimedia projects, indicating its importance for the documentation of Brazil's legal corpus.

### Context within Brazilian Law and Statutes
As a **statute**, this law is part of the foundational body of **statutory law** in Brazil. It follows the general pattern of Brazilian federal legislation, which is created by the National Congress and sanctioned by the President. Its subject matter—the commercial classification of a specific economic sector (construction)—places it within the broader field of **commercial law** (Direito Comercial) and **business regulation**. The law's enactment in 1962 situates it in a historical period before the 1964 military coup, during the government of João Goulart, a time of significant social and political tension in Brazil. The law's provisions would have been integrated into the existing commercial code and business regulations of the era, modifying the legal framework for a key industry. Its status as a public domain federal statute ensures it remains an accessible and authoritative source for legal historians, practitioners, and researchers studying Brazilian economic and business law from the early 1960s.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1962-06-09;4068)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4068&ano=1962&data=09/06/1962&ato=3edETR61kMVRVT1f2)
3. LexML Brasil