# Law No. 4098 of July 19, 1962

> Brazilian law

**Wikidata**: [Q105648316](https://www.wikidata.org/wiki/Q105648316)  
**Source**: https://4ort.xyz/entity/law-no-4098-of-july-19-1962

## Summary
Law No. 4098 of July 19, 1962 (Lei nº 4098, de 19 de julho de 1962) is a Brazilian federal statute enacted during the presidency of João Goulart that addresses regulations concerning retirement and exemption. Promulgated in Brasília, it serves as a formal written document creating law within the jurisdiction of Brazil.

## Key Facts
- **Title:** Lei nº 4098, de 19 de julho de 1962
- **Legal Citation:** Lei nº 4098/1962
- **Type:** Statute (formal written document that creates law)
- **Promulgation Date:** July 19, 1962
- **Place of Publication:** Brasília, Brazil
- **Approved By:** Presidency of the Federative Republic of Brazil (João Goulart)
- **Determination Method:** Promulgation
- **Main Subjects:** Retirement (Aposentado), Exemption (Dispensa)
- **Country:** Brazil
- **Jurisdiction:** Brazil (federal level)
- **Language:** Brazilian Portuguese
- **Lexml Brazil ID:** urn:lex:br:federal:lei:1962-07-19;4098
- **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4098.htm
- **WikiProject Membership:** WikiProject Brazilian Laws

## FAQs
**What is Law No. 4098 of July 19, 1962 about?**
This Brazilian federal statute establishes regulations concerning retirement (aposentado) and exemption (dispensa) matters within Brazil's jurisdiction.

**Who approved and promulgated this law?**
The law was approved and promulgated by the Presidency of the Federative Republic of Brazil, specifically under President João Goulart, on July 19, 1962.

**Where can I find the official text of this law?**
The official text is available at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4098.htm and is indexed in the Brazilian legal system with Lexml ID: urn:lex:br:federal:lei:1962-07-19;4098.

**What type of legal document is this?**
Law No. 4098 is a statute—a formal written document that creates law. Statutes serve as manifestations of statutory law, containing legal norms and representing a subclass of written work, document, and rule in legal classification systems.

## Why It Matters
Law No. 4098 of July 19, 1962, represents a specific legislative action enacted during a pivotal period in Brazilian political history—the presidency of João Goulart (1961-1964), which preceded the 1964 military coup. As a federal statute addressing retirement and exemption, it forms part of the legal framework governing social welfare and administrative procedures in Brazil. The law demonstrates the continuity of Brazilian legislative processes and the enduring nature of statutory law as the foundation of legal governance. Like all statutes, it serves as the concrete, written manifestation of legal rules, ensuring that governmental mandates are documented, accessible, and enforceable for Brazilian citizens and institutions.

## Notable For
- **Historical Significance:** Enacted during the presidency of João Goulart, a politically turbulent period preceding the 1964 military coup
- **Capital Context:** Published in Brasília, which had recently become Brazil's capital in 1960
- **Dual Subject Focus:** Addresses both retirement (aposentado) and exemption (dispensa) regulations in a single legislative act
- **Standardized Identification:** Carries the Lexml Brazil ID (urn:lex:br:federal:lei:1962-07-19;4098) for digital legal reference
- **Systematic Documentation:** Recognized as part of WikiProject Brazilian Laws, indicating inclusion in organized legislative documentation efforts
- **Civil Law Tradition:** Represents the statutory law tradition in Brazil's civil law system, where written codes and statutes serve as primary sources of law

## Body

### Legal Classification and Nature
Law No. 4098 of July 19, 1962, is classified as a **statute**—a formal written document that creates law. In the hierarchy of legal instruments, a statute serves as the manifestation of statutory law and is composed of legal norms. It represents a subclass of written work, document, and rule. The creation of this statute followed draft laws and resulted from the legislative process of Brazil. As a statute, it is distinct from but related to executive orders and by-laws, and it functions as the physical or formal expression of a legal rule.

### Historical Context and Promulgation
The law was promulgated on **July 19, 1962**, during a critical period in Brazilian political history. It was approved by the **Presidency of the Federative Republic of Brazil** under President **João Goulart**, who served as president from 1961 until the military coup of 1964. The publication took place in **Brasília**, which had been established as Brazil's federal capital on April 22, 1960, replacing Rio de Janeiro. This timing places the law in the early years of Brazil's new capital city and during the democratic period preceding military rule.

### Subject Matter and Scope
The law addresses two primary subjects as stated in its official documentation:
- **Retirement (Aposentado):** Regulations concerning retirement procedures, benefits, or requirements
- **Exemption (Dispensa):** Rules regarding exemptions, potentially related to service obligations, fees, or other legal requirements

The statute applies to the jurisdiction of **Brazil** at the federal level, making it binding throughout the national territory. As a federal law, it operates within Brazil's civil law system where statutes serve as primary sources of law.

### Official Identification and Access
The law carries several official identifiers and access points for legal reference:
- **Full Title:** Lei nº 4098, de 19 de julho de 1962
- **Legal Citation:** Lei nº 4098/1962
- **Lexml Brazil ID:** urn:lex:br:federal:lei:1962-07-19;4098 (a standardized identifier in the Brazilian Legal XML system for digital legal documents)
- **Language:** Written in **Brazilian Portuguese**, the official language of Brazil
- **Official Text:** Available at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4098.htm via the official Planalto Palace website, which hosts the Civil House of the Presidency of the Republic

### Jurisdictional Application
As a federal statute, Law No. 4098 applies to all of Brazil, which in 1962 operated as a federal republic under the 1946 constitution (which remained in effect until 1967). Brazil at this time comprised 22 states, the Federal District, and numerous territories. The country's geographic extent of approximately 8.5 million km² placed this law under the jurisdiction of the federal government's authority over retirement and exemption matters.

### Context in Brazilian Legal Framework
This law forms part of Brazil's extensive statutory framework. Brazil operates as a civil law country where statutes (leis) serve as primary sources of law, distinct from common law systems that rely more heavily on judicial precedent. The legislative body responsible for creating such laws is the National Congress of Brazil (National Congress of Brazil), consisting of the Federal Senate and Chamber of Deputies. After passage through Congress, the law receives presidential approval and promulgation, as occurred with President João Goulart for this statute.

### Digital Preservation and Documentation
Law No. 4098 has been integrated into modern digital legal infrastructure:
- **Lexml Integration:** Indexed in the Lexml system—a joint initiative of the Brazilian Senate and other institutions to standardize legal document identification and exchange
- **WikiProject Brazilian Laws:** The law is listed on the on-focus list of WikiProject Brazilian Laws, indicating its inclusion in systematic efforts to document Brazilian legislation
- **Source References:** Structured data includes references citing retrieval dates in 2021, indicating ongoing maintenance and verification of legal databases from sources including lexml.gov.br and legislacao.presidencia.gov.br

### Copyright and Public Access
As an official government document and statute, Law No. 4098 exists in the **public domain**. This follows the general principle that statutes are not subject to copyright restrictions, ensuring that citizens have unrestricted access to the laws they must follow. This accessibility is fundamental to the rule of law and democratic governance in Brazil.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1962-07-19;4098)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4098&ano=1962&data=19/07/1962&ato=69fcXV61kMVRVTeec)