# Law No. 4116 of August 27, 1962

> Brazilian law

**Wikidata**: [Q105648276](https://www.wikidata.org/wiki/Q105648276)  
**Source**: https://4ort.xyz/entity/law-no-4116-of-august-27-1962

## Summary

Law No. 4116 of August 27, 1962 (Lei nº 4116/1962) is a Brazilian federal statute that regulates the professional practice of real estate brokers (corretor de imóveis). Enacted during the presidency of João Goulart, this law establishes the requirements, registration procedures, prohibitions, infractions, and penalties governing the real estate brokerage profession in Brazil. It represents the foundational legal framework for professionalizing and standardizing real estate brokerage activities throughout the country.

## Key Facts

- **Official Title:** Lei nº 4116, de 27 de agosto de 1962
- **Legal Citation:** Lei nº 4116/1962
- **Date of Enactment:** August 27, 1962
- **Promulgating Authority:** Presidency of the Federative Republic of Brazil
- **President:** João Goulart (signed on August 27, 1962)
- **Country of Jurisdiction:** Brazil
- **Place of Publication:** Brasília
- **Language:** Brazilian Portuguese
- **Type:** Statute (formal written legal document)
- **LEXML Brazil Identifier:** urn:lex:br:federal:lei:1962-08-27;4116
- **Subject Matter:** Regulation of the exercise of the real estate broker profession
- **Official Source URL:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4116.htm
- **Wikidata Description:** Brazilian law

## FAQs

**What is the primary purpose of Law No. 4116/1962?**

Law No. 4116/1962 establishes the legal framework for regulating the professional practice of real estate brokers in Brazil. It defines who may practice as a corretor de imóveis (real estate broker), sets forth registration requirements, establishes professional competency standards, outlines prohibited activities, specifies infractions, and details penalties for violations. The law essentially professionalizes the real estate brokerage industry by creating standardized rules for practitioners.

**Who signed Law No. 4116 into effect?**

The law was signed by President João Goulart on August 27, 1962, during his tenure as President of Brazil. Goulart served as President from 1961 to 1964, and his administration oversaw numerous social and economic reforms during this period of Brazilian history.

**What topics does Law No. 4116/1962 cover?**

The law addresses multiple aspects of professional real estate practice, including: regulation (regulamentação), professional composition and structure (composição), professional practice requirements (exercicio profissional), registration procedures (registro), eligibility requirements (requisitos), prohibited activities (proibição), infractions and violations (infração), real property matters (imovel), inspection and oversight (fiscalização), penalties (penalidade), and jurisdictional competency (competencia).

**Where can Law No. 4116/1962 be accessed?**

The full text of the law is available through official Brazilian government sources, including the Presidential Legislation database at https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4116&ano=1962&data=27/08/1962&ato=a24k3Y61kMVRVT7ee and the official federal government portal at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4116.htm.

**What classification does Law No. 4116/1962 hold in legal systems?**

In the context of legal taxonomy, Law No. 4116/1962 is classified as a statute—a formal written document that creates law. It is part of Brazilian federal legislation and functions as a specific legal act regulating professional practice within the country's legal framework.

## Why It Matters

Law No. 4116 of August 27, 1962 matters because it established the foundational legal structure for professional real estate brokerage in Brazil. Before this legislation, the practice of real estate brokerage lacked standardized regulations, potentially exposing buyers, sellers, and practitioners to unreliable or unethical practices. By creating clear requirements for registration, competency, and professional conduct, the law protects both consumers and legitimate practitioners.

The significance of this law extends to Brazil's economic development. Real estate transactions represent a substantial portion of economic activity in any modern economy. By regulating this sector, Law No. 4116/1962 contributes to market stability, consumer confidence, and professional credibility. It ensures that individuals engaging in real estate transactions can rely on qualified professionals who meet established standards.

Furthermore, this law reflects Brazil's broader commitment to professionalizing various occupations during the 1960s. The law represents a period of significant legislative activity aimed at modernizing Brazil's economic and social structures. Its continued validity demonstrates the enduring importance of professional regulation in the real estate sector.

## Notable For

- **Foundational Professional Regulation:** Established the first comprehensive federal framework for regulating real estate brokers in Brazil
- **Historical Significance:** Enacted during President João Goulart's administration, a transformative period in Brazilian political history
- **Enduring Legal Authority:** Remains a relevant legal instrument governing real estate professional practice decades after its enactment
- **Part of Brazilian Legal Heritage:** Contributes to the comprehensive body of federal legislation that forms Brazil's legal system, alongside the Constitution of Brazil and other foundational statutes

## Body

### Legislative Origin and Enactment

Law No. 4116 of August 27, 1962 emerged from Brazil's federal legislative process during a period of significant political and social transformation in the country. The law was formally enacted on August 27, 1962, during the presidency of João Goulart, who served as President of Brazil from 1961 to 1964. Goulart's administration was characterized by efforts to implement social and economic reforms, and the regulation of professional practices formed part of this broader modernization agenda.

The law received presidential approval through the act of promulgation, which represents the formal process by which legislation becomes law in Brazil. Following promulgation, the law was published in Brasília, the capital city, which had become Brazil's seat of government in 1960 following the transfer from Rio de Janeiro.

### Legal Classification and Framework

Law No. 4116/1962 is classified as a statute within the Brazilian legal system. A statute, as defined in legal taxonomy, is a formal written document that creates law, encompassing acts, executive orders, and by-laws. This classification places the law within the category of primary legislation—laws enacted by the legislative authority (in this case, with presidential approval) that establish binding rules.

The law functions as a specific legal act within Brazil's broader statutory framework. It operates alongside other federal legislation, including the Constitution of Brazil (promulgated in 1988, subsequent to this law), and contributes to the comprehensive body of law that governs commercial and professional activities in the country.

### Subject Matter and Regulatory Scope

The primary purpose of Law No. 4116/1962 is to regulate the exercise of the profession of real estate broker (corretor de imóveis). The law's digest explicitly states: "DISPÕE SOBRE A REGULAMENTAÇÃO DO EXERCICIO DA PROFISSÃO. DE CORRETOR DE IMOVEIS." This translates to: "Provides for the regulation of the exercise of the profession of real estate broker."

The law addresses numerous aspects of professional real estate practice:

- **Regulation (Regulamentação):** Establishes the rules governing professional practice
- **Composition (Composição):** Defines the structure and organization of the profession
- **Professional Practice (Exercicio Profissional):** Outlines how real estate brokers must conduct their activities
- **Registration (Registro):** Requires practitioners to register with appropriate authorities
- **Requirements (Requisitos):** Specifies qualifications and conditions that must be met to practice
- **Prohibition (Proibição):** Lists activities that practitioners are forbidden from undertaking
- **Infraction (Infração):** Defines violations of the law's provisions
- **Real Property (Imovel):** Addresses matters related to property transactions
- **Inspection (Fiscalização):** Establishes oversight mechanisms to ensure compliance
- **Penalties (Penalidade):** Specifies consequences for violations
- **Competency (Competencia):** Defines jurisdictional authority and professional jurisdiction

### Official Sources and Legal Identification

Law No. 4116/1962 is identified through multiple official identifiers within Brazil's legal information infrastructure:

- **Legal Citation:** Lei nº 4116/1962 (Law No. 4116 of 1962)
- **LEXML Brazil Identifier:** urn:lex:br:federal:lei:1962-08-27;4116—LEXML is Brazil's centralized system for legal and legislative information
- **Official Portal Access:** The law is available through the Presidential Legislation website (legislacao.presidencia.gov.br) and the official federal government portal (planalto.gov.br)

The law was published in Brazilian Portuguese, reflecting the official language of Brazil and the requirements for domestic legal documentation.

### Jurisdictional Application

Law No. 4116/1962 applies throughout the territory of Brazil as a federal statute. As such, it governs the professional practice of real estate brokers across all Brazilian states and municipalities. The law's federal status means it supersedes any conflicting state or municipal regulations on the same subject matter, establishing uniform national standards for the profession.

This nationwide applicability ensures consistency in professional standards regardless of where real estate brokerage activities occur in Brazil, facilitating interstate real estate transactions and protecting consumers throughout the country.

### Relationship to Broader Legal Concepts

Within the taxonomy of legal concepts, Law No. 4116/1962 connects to several broader categories:

- **Statute:** The law is an instance of a statute—a formal written document that creates law
- **Statutory Law:** The law contributes to Brazil's body of statutory law, which encompasses legislation enacted by governmental authorities
- **Professional Regulation:** The law represents a specific example of occupational licensing and professional regulation
- **Commercial Law:** The law relates to commercial activities and property transactions, falling within the broader scope of commercial law

### Historical Context

Law No. 4116/1962 was enacted during a significant period in Brazilian history. The early 1960s represented a time of substantial political change, with Brazil navigating questions of economic development, social reform, and political modernization. The decision to regulate the real estate brokerage profession reflected broader efforts to bring structure and professionalism to commercial activities.

The law predates Brazil's current constitutional framework (the 1988 Constitution) but remains in force as valid legislation, demonstrating the continuity and stability of Brazil's legal system in regulating professional practices.

### Continuing Relevance

Despite being enacted in 1962, Law No. 4116/1962 continues to serve as a foundational legal instrument for the regulation of real estate brokerage in Brazil. Its provisions establish the fundamental framework within which real estate professionals operate, and the law remains a reference point for professional standards in the industry.

The law's enduring validity reflects the fundamental nature of the regulatory needs it addresses—professional qualification, consumer protection, and market integrity remain as relevant today as they were in 1962.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1962-08-27;4116)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4116&ano=1962&data=27/08/1962&ato=a24k3Y61kMVRVT7ee)
3. LexML Brasil