# Law No. 4098-a of July 19, 1962

> Brazilian law

**Wikidata**: [Q105648317](https://www.wikidata.org/wiki/Q105648317)  
**Source**: https://4ort.xyz/entity/law-no-4098-a-of-july-19-1962

## Summary
Law No. 4098-a of July 19, 1962 is a Brazilian statute promulgated by President João Goulart that establishes provisions related to Regional Labor Courts, the Labor Court system, and special budgetary adjustments within the Brazilian judiciary. This federal law, written in Brazilian Portuguese and published in Brasília, created and regulated public offices within the labor justice system while authorizing special credit mechanisms for judicial operations.

## Key Facts
- **Formal Title:** Lei nº 4098-a, de 19 de julho de 1962
- **Legal Citation:** Lei nº 4098-a/1962
- **Date of Promulgation:** July 19, 1962
- **Promulgating Authority:** Presidency of the Federative Republic of Brazil under President João Goulart
- **Type of Legal Document:** Statute (formal written document that creates law)
- **Jurisdiction:** Federative Republic of Brazil
- **Language:** Brazilian Portuguese
- **Place of Publication:** Brasília
- **LEXML Brazil ID:** urn:lex:br:federal:lei:1962-07-19;4098-a
- **Main Subjects:** Regional Labor Courts (Tribunal Regional Do Trabalho - TRT), special budgetary adjustment (Crédito Especial), creation (Criação), Labor Court (Justiça Do Trabalho), judiciary (Judiciário), and public office (Cargo Público)
- **Full Text Available At:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4098-a.htm
- **Wikidata Description:** Brazilian law
- **Wikimedia Project Focus:** Part of WikiProject Brazilian Laws

## FAQs
**What is Law No. 4098-a of July 19, 1962?**
Law No. 4098-a of July 19, 1962 is a federal statute that created and regulated the Regional Labor Courts system in Brazil while establishing special budgetary credit mechanisms for judicial operations. It was promulgated during João Goulart's presidency and represents a foundational piece of labor justice legislation.

**What specific institutions did this law create or modify?**
The law specifically addressed the Regional Labor Courts (Tribunais Regionais do Trabalho - TRT), the broader Labor Court system (Justiça do Trabalho), and various public offices (Cargos Públicos) within the judicial structure. It authorized the creation of judicial positions and established the legal framework for these institutions.

**Who signed this law into effect and when?**
President João Goulart promulgated the law on July 19, 1962, as indicated by the official records from the Presidency of the Federative Republic of Brazil. The promulgation method was standard presidential approval for federal legislation.

**Where can legal researchers access the official text?**
The complete official text is publicly available at the URL https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4098-a.htm, maintained by the Brazilian government's official legislative portal. The law is also indexed in the LEXML system with the identifier urn:lex:br:federal:lei:1962-07-19;4098-a.

**What type of legal classification does this statute hold?**
As an instance of "statute," this law is classified as a formal written document that creates law, serving as a manifestation of statutory law within the Brazilian legal system. It functions as a subclass of written work, document, and rule, and is equivalent to the schema.org Legislation class.

**Does this law have copyright restrictions?**
Like most statutes in Brazil and consistent with the edict of government doctrine that applies in jurisdictions such as the United States and France, this official legislative enactment is in the public domain and not subject to copyright restrictions, ensuring free public access.

## Why It Matters
Law No. 4098-a of July 19, 1962 represents a critical juncture in the development of Brazil's specialized labor justice system during a period of significant political and social transformation. By establishing the legal framework for Regional Labor Courts, the law created the institutional backbone for resolving labor disputes across Brazil's vast territory, ensuring that workers and employers had access to specialized judicial forums. The authorization of special budgetary adjustments (créditos especiais) demonstrated recognition that judicial operations required flexible financial mechanisms to function effectively, particularly for a newly expanded or modified court system. This financial provision allowed the judiciary to respond to operational needs without waiting for standard budgetary cycles, which was crucial for implementing the structural changes the law mandated. The law's focus on creating public offices within the labor judiciary directly impacted employment opportunities, career structures, and the professionalization of labor law adjudication in Brazil. As a statute from the early 1960s, it reflects the legal and administrative priorities of the Goulart government regarding workers' rights and the institutionalization of labor dispute resolution mechanisms. The law's inclusion in WikiProject Brazilian Laws indicates its ongoing relevance for legal historians, labor law practitioners, and researchers studying the evolution of Brazil's judicial system. Its availability through multiple official channels, including the Planalto portal and LEXML system, ensures that citizens, lawyers, and scholars can access this foundational text, supporting transparency and the rule of law. The law's subject matter touches upon the separation of powers by defining judicial structure, the administrative autonomy of labor courts, and the intersection of fiscal policy with judicial operations, making it a multifaceted instrument of governance.

## Notable For
- **Specific Labor Court Focus:** Unlike general judicial reorganization laws, this statute specifically targeted the Regional Labor Courts system, creating specialized judicial infrastructure for labor disputes.
- **Dual Functionality:** Combined institutional creation (courts and offices) with financial authorization (special credit) in a single legislative act, addressing both structural and operational needs simultaneously.
- **Presidential Promulgation:** Signed into law by President João Goulart on July 19, 1962, during a politically turbulent period in Brazilian history.
- **Precise Legal Citation:** The "4098-a" numbering with the "a" suffix indicates it was part of a series of related legislative acts, suggesting systematic legislative planning.
- **Comprehensive Subject Coverage:** Addresses six distinct but related subjects: Regional Labor Courts, special budgetary adjustments, creation of institutions, Labor Court system, judiciary, and public offices.
- **Digital Accessibility:** Available through the official Planalto government portal and indexed in the LEXML Brazil system with a permanent URN identifier for reliable citation.
- **Wikimedia Documentation:** Formally recognized within WikiProject Brazilian Laws, indicating its importance for documenting Brazil's legislative history.
- **Public Domain Status:** As an official government edict, the text is freely available without copyright restrictions, supporting open legal information principles.
- **Geographic Specificity:** Published in Brasília, the federal capital, even though the city was still under construction in 1962, reflecting the government's commitment to establishing the new capital as the official seat of legislative publication.
- **Language Standardization:** Written in Brazilian Portuguese, contributing to the corpus of national legislation that helped standardize legal terminology in Brazil's official language.

## Body

### Legal Identity and Classification
Law No. 4098-a of July 19, 1962 is formally identified as a statute, which classifies it as a formal written document that creates law within the Brazilian legal system. As a statute, it serves as a manifestation of statutory law and functions as a subclass of written work, document, and rule. The law holds the legal citation "Lei nº 4098-a/1962" and is assigned the permanent LEXML Brazil identifier urn:lex:br:federal:lei:1962-07-19;4098-a, ensuring consistent reference across digital legal databases. Its Wikidata description as a "Brazilian law" aligns with its classification as an instance of statute, making it equivalent to the schema.org Legislation class used in structured data markup. The law is part of the WikiProject Brazilian Laws, a Wikimedia initiative focused on documenting Brazil's legislative framework, which underscores its recognized importance within Brazil's legal corpus.

### Historical Context and Promulgation
The law was promulgated on July 19, 1962, by the Presidency of the Federative Republic of Brazil under President João Goulart. The promulgation process followed standard legislative procedures where draft laws are transformed into binding statutes through presidential approval. This occurred during Brazil's Fourth Republic era (1946-1964), a period characterized by democratic governance but also political instability and labor mobilization. The date places the law within Goulart's presidency (1961-1964), which was marked by efforts to expand labor rights and social reforms. The law's publication in Brasília is notable because the city was officially inaugurated as the capital on April 21, 1960, just two years prior, making this one of the early federal laws published from the new seat of government. The specific promulgation method was "promulgation" as the determination method, indicating it passed through the full legislative process rather than being enacted as a provisional measure.

### Subject Matter and Scope
The law addresses six interconnected subjects that define its scope and impact. First, it focuses on Regional Labor Courts (Tribunal Regional Do Trabalho - TRT), which are the appellate courts within Brazil's specialized labor justice system. Second, it establishes provisions for special budgetary adjustments (Crédito Especial), allowing extraordinary financial allocations for judicial operations. Third, it involves creation (Criação) of institutions or positions, indicating structural expansion. Fourth, it governs the broader Labor Court system (Justiça Do Trabalho), which encompasses all specialized courts handling labor disputes. Fifth, it addresses the judiciary (Judiciário) as a whole, suggesting implications beyond just labor courts. Sixth, it regulates public office (Cargo Público), establishing or modifying government positions within the judicial branch. This multi-subject approach demonstrates a comprehensive legislative strategy to strengthen labor justice infrastructure through both institutional and financial mechanisms.

### Jurisdictional and Geographic Application
The law applies to the entire jurisdiction of the Federative Republic of Brazil, as specified in its "applies_to_jurisdiction" property. This means its provisions extend across all 26 Brazilian states and the Federal District, covering the country's 8,515,767 km² territory. The place of publication is Brasília, the federal capital established in 1960, which serves as the official geographic origin point for the law's promulgation. The law's language is Brazilian Portuguese, the official language of Brazil and the standard for all federal legislation. This linguistic standardization ensures uniform interpretation across the nation's diverse regions, from the Amazon basin to the southern states bordering Argentina and Uruguay.

### Access, Documentation, and Authority Control
The full text of Law No. 4098-a is publicly accessible through the official URL https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4098-a.htm, hosted on the Planalto government portal. This portal serves as the authoritative source for Brazilian federal legislation. The law is also indexed in the LEXML Brazil system, a standardized legal document markup system that assigns permanent URNs for reliable citation. The specific identifier urn:lex:br:federal:lei:1962-07-19;4098-a follows the LEXML syntax that includes jurisdiction (br), level (federal), type (lei), date (1962-07-19), and number (4098-a). The law's inclusion in WikiProject Brazilian Laws indicates active documentation by the Wikimedia community, supporting public knowledge of Brazilian legal history. As a statute, the law benefits from public domain status under the edict of government doctrine, ensuring that citizens, researchers, and legal practitioners can freely access, reproduce, and cite the text without copyright restrictions, a principle recognized in jurisdictions including the United States and France.

### Institutional and Financial Provisions
The law's authorization of special budgetary adjustments (créditos especiais) represents a significant financial mechanism within Brazil's public budget system. Special credits allow the executive branch to allocate funds beyond the regular budget for unforeseen or urgent needs, in this case supporting judicial operations. The creation of public offices within the Regional Labor Courts and broader Labor Court system would have involved establishing judge positions, clerks, administrative staff, and support personnel necessary for court operations. This structural expansion likely responded to growing caseloads in labor disputes during Brazil's industrialization period. The law's dual focus on institutional creation and financial authorization suggests it was designed as a complete solution—creating the judicial infrastructure and simultaneously providing the means to fund it.

### Relationship to Brazilian Legal Framework
As a federal law from 1962, Law No. 4098-a operates within Brazil's civil law tradition, where statutes are the primary source of law. The law contributes to the corpus of statutory law that defines Brazil's judicial organization, specifically within the specialized labor jurisdiction. It predates Brazil's current 1988 Constitution but would have been operative under the 1946 Constitution that established the Fourth Republic. The law's subject matter connects to Brazil's broader commitment to specialized courts, which also include electoral courts, military courts, and federal courts. The Regional Labor Courts system that this law helped shape continues to operate today as part of Brazil's judiciary, handling appeals from trial-level labor judges and playing a crucial role in resolving collective and individual labor disputes across the nation's five regions.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1962-07-19;4098-a)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4098-A&ano=1962&data=19/07/1962&ato=7cfgXV61kMVRVTab1)