# Law No. 4128 of August 27, 1962

> Brazilian law

**Wikidata**: [Q105648364](https://www.wikidata.org/wiki/Q105648364)  
**Source**: https://4ort.xyz/entity/law-no-4128-of-august-27-1962

## Summary
Law No. 4128 of August 27, 1962 is a Brazilian statute enacted by President João Goulart that regulates the exercise of the teaching profession within the Brazilian Navy. Approved on August 27, 1962, this formal written document establishes legal norms regarding educational institutions, public offices, and the rights of teachers in the naval context.

## Key Facts
- **Official Title:** Lei nº 4128, de 27 de agosto de 1962.
- **Legal Citation:** Lei nº 4128/1962.
- **Date of Enactment:** August 27, 1962.
- **Approving Authority:** Presidency of the Federative Republic of Brazil.
- **Approving President:** João Goulart (via promulgation).
- **Jurisdiction:** Brazil.
- **Place of Publication:** Brasília.
- **Language:** Brazilian Portuguese.
- **Law Digest:** "REGULA O EXERCICIO DO MAGISTERIO DA MARINHA" (Regulates the exercise of the Navy teaching profession).
- **Instance Of:** Statute (formal written document that creates law).
- **Main Subjects:** Educational institution, public office, provisioning (Brazilian law), navy, Ministry of the Navy of Brazil, rights, fiscalization, exemption, teacher, regulation, content, professional exercise, higher education.
- **LexML ID:** urn:lex:br:federal:lei:1962-08-27;4128.
- **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4128.htm.
- **WikiProject:** WikiProject Brazilian Laws.

## FAQs
**What is the primary purpose of Law No. 4128/1962?**
This law regulates the exercise of the teaching profession (magistério) within the Brazilian Navy, establishing rules for educational institutions and public offices related to naval instruction.

**Who enacted Law No. 4128 of August 27, 1962?**
The law was approved by the Presidency of the Federative Republic of Brazil through promulgation by President João Goulart on August 27, 1962.

**Where can the official text of this law be found?**
The official text is available at the Brazilian government portal (planalto.gov.br) and is cataloged in the LexML system under the URN urn:lex:br:federal:lei:1962-08-27;4128.

**What specific legal topics does this statute cover?**
The statute covers a range of topics including educational institutions, public offices, provisioning, rights, fiscalization, exemption, teacher regulations, content composition, professional exercise, and higher education within the Navy.

**Is this law copyrighted?**
As a statute, it is a formal written document and is generally considered in the public domain in jurisdictions like the United States and France under the edict of government doctrine.

## Why It Matters
Law No. 4128/1962 is significant because it provides the legal framework for the "Magistério da Marinha" (Navy Teaching Profession), defining how educational activities are structured within the Brazilian armed forces. By addressing specific subjects such as rights, exemptions, and fiscalization for teachers, the law ensures that the administration of naval education is standardized and legally sound. It represents a specific instance of statutory law where the government formally regulates the professional exercise of educators in a military context, linking the broader concept of "public office" and "educational institution" to the operational needs of the Navy.

## Notable For
- **Regulation of Naval Education:** Specifically targets the exercise of the teaching profession within the Brazilian Navy.
- **Goulart Administration Era:** Enacted during the presidency of João Goulart, reflecting the legislative priorities of the early 1960s in Brazil.
- **Comprehensive Subject Scope:** Covers diverse legal areas including provisioning, fiscalization, and higher education within a single military-focused statute.
- **Federal Jurisdiction:** Applies nationally across Brazil, originating from the federal capital, Brasília.
- **LexML Standardization:** Formally indexed in the Legal Metadata of Legislation (LexML) system with a unique URN for easy reference and retrieval.

## Body

### Legislative Enactment and Authority
Law No. 4128 of August 27, 1962 is a formal written document classified as a statute. It was enacted by the Presidency of the Federative Republic of Brazil, with the determination method recorded as promulgation. The specific approval is attributed to President João Goulart, with the point in time recorded as August 27, 1962. As a statute, it functions as a manifestation of statutory law and is considered a subclass of a written work, document, and rule. The law applies to the jurisdiction of Brazil and was published in Brasília, the federal capital established in 1960.

### Subject Matter and Scope
The primary digest of the law, "REGULA O EXERCICIO DO MAGISTERIO DA MARINHA," indicates that its main function is to regulate the professional exercise of teaching within the Navy. The statute encompasses a wide array of legal subjects to achieve this regulation:
- **Educational Institutions and Higher Education:** It addresses the establishment and operation of "Estabelecimento De Ensino" (Educational Institution) and "Curso Superior" (Higher Education).
- **Public Office and Provisioning:** It defines the parameters for "Cargo Publico" (Public Office) and "Provimento" (Provisioning), which refers to the filling of these positions.
- **Rights and Exemptions:** The law outlines "Direitos" (Rights) and "Dispensa" (Exemption) applicable to the teaching profession.
- **Regulation and Fiscalization:** It establishes "Regulamentação" (Regulation) and "Fiscalização" (Fiscalization) mechanisms to oversee the sector.
- **Professional Exercise:** It specifically covers "Exercicio Profissional" (Professional Exercise) and the role of the "Professor" (Teacher).

The content of the law also involves the "Ministerio Da Marinha (Mm)" (Ministry of the Navy of Brazil) and the "Marinha" (Navy) as the central bodies affected by these regulations.

### Publication and Legal Status
The law was published on August 27, 1962, in the city of Brasília. The language of the work is Brazilian Portuguese. It is legally cited as "Lei nº 4128/1962" and is available for public access at the official URL provided by the Presidência da República: `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4128.htm`.

In terms of legal classification, the entity is an instance of a "statute." Following the "edict of government doctrine," this document is generally in the public domain in jurisdictions like the United States and France, as it is an official legal document created by the government. It is also cataloged under the WikiProject Brazilian Laws, indicating its relevance to the documentation of Brazilian legal history.

### Identifiers and Metadata
The law is structured and identified through several technical systems:
- **LexML ID:** `urn:lex:br:federal:lei:1962-08-27;4128`
- **Wikidata Description:** Brazilian law
- **Instance Of:** Statute

These identifiers ensure the law is distinct and retrievable within the broader corpus of Brazilian federal legislation, specifically linking it to the administrative and educational frameworks of the early 1960s.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1962-08-27;4128)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4128&ano=1962&data=27/08/1962&ato=ddbAzZ61kMVRVTbcc)
3. LexML Brasil