# Law No. 4158 of November 28, 1962

> Brazilian law

**Wikidata**: [Q105648416](https://www.wikidata.org/wiki/Q105648416)  
**Source**: https://4ort.xyz/entity/law-no-4158-of-november-28-1962

## Summary
Law No. 4158 of November 28, 1962, is a Brazilian federal statute enacted by President João Goulart that establishes the career structure for the Public Prosecutor's Office in the Federal District and Federal Territories. This legislation also provides for special budgetary adjustments and defines the competencies and public offices associated with the Ministry of Justice and Internal Affairs. As a formal written document, it serves as a specific manifestation of statutory law within the Brazilian legal system.

## Key Facts
- **Full Title:** Lei nº 4158, de 28 de novembro de 1962.
- **Publication Date:** November 28, 1962.
- **Country of Origin:** Brazil (Federative Republic of Brazil).
- **Jurisdiction:** Applies to the Federal District (Distrito Federal) and Federal Territories (Territórios Federais).
- **Approving Authority:** Presidency of the Federative Republic of Brazil.
- **Promulgated By:** João Goulart (serving as President on the date of enactment).
- **Primary Subject:** Career of the Public Prosecutor's Office (Carreira do Ministério Público).
- **Secondary Subjects:** Special budgetary adjustment (Crédito Especial), creation of public offices, and competency definitions.
- **Responsible Ministry:** Ministry of Justice and Internal Affairs (Ministério da Justiça e Negócios Interiores).
- **Legal Classification:** Statute (a formal written document creating law).
- **Language:** Brazilian Portuguese.
- **Official Citation:** Lei nº 4158/1962.
- **LexML ID:** urn:lex:br:federal:lei:1962-11-28;4158.
- **Place of Publication:** Brasília.
- **Digital Access URL:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4158.htm.
- **Source Reference:** Legislation Presidency portal (legislacao.presidencia.gov.br) and LexML Brazil.

## FAQs
**What is the primary purpose of Law No. 4158/1962?**
The law's main objective is to organize and regulate the professional career path for members of the Public Prosecutor's Office specifically within the Federal District and Federal Territories. It simultaneously addresses financial needs by authorizing special budgetary adjustments to support these administrative changes.

**Who signed this law into effect and when?**
The statute was approved and promulgated by President João Goulart on November 28, 1962, under the authority of the Presidency of the Federative Republic of Brazil. This action formalized the legal framework for the public prosecutor's career at that specific time in Brazilian history.

**Which government bodies are directly affected by this legislation?**
The law primarily impacts the Ministry of Justice and Internal Affairs, which oversees the creation of new public offices and the definition of competencies. It also directly governs the operations and career progression of the Public Prosecutor's Office in the Federal District and Federal Territories.

**How can one access the official text of this law?**
The full text is available online through the official Planalto government portal at the specific URL provided for the 1950-1969 legislative period. Additionally, it is indexed in the LexML Brazil system under the unique identifier urn:lex:br:federal:lei:1962-11-28;4158.

## Why It Matters
Law No. 4158 of 1962 is a critical component of Brazil's administrative and judicial infrastructure, as it formally defined the career trajectory for public prosecutors in the nation's capital and federal territories during a pivotal era. By establishing clear rules for the creation of public offices and defining professional competencies, the law ensured the operational stability and legal authority of the Public Prosecutor's Office in these regions. Its inclusion of special budgetary adjustments demonstrates the government's commitment to funding these essential legal functions, thereby reinforcing the rule of law in the Federal District. As a statute, it represents a tangible record of the legislative priorities of the João Goulart administration, contributing to the historical continuity of Brazil's legal system. The law remains a foundational reference for understanding the evolution of prosecutorial careers and the administrative structure of the Ministry of Justice during the 1960s.

## Notable For
- **Specific Jurisdictional Focus:** Uniquely targets the Federal District and Federal Territories rather than the entire national territory, addressing specific administrative needs of the capital region.
- **Dual Legislative Scope:** Simultaneously enacts career regulations for prosecutors and authorizes special budgetary credits, combining personnel management with fiscal policy.
- **Historical Context:** Enacted during the presidency of João Goulart, a period marked by significant political and social turbulence in Brazil.
- **Ministry Alignment:** Explicitly ties the career structure to the Ministry of Justice and Internal Affairs, highlighting the administrative hierarchy of the time.
- **Digital Preservation:** Fully digitized and accessible via the LexML Brazil project, ensuring long-term public access to this historical legal text.
- **Career Definition:** Serves as a primary source for defining the "career" (carreira) and "competency" (competência) of public prosecutors in the mid-20th century.

## Body

### Legislative Identity and Classification
Law No. 4158 is classified as a **statute**, which is a formal written document that creates law. In the context of the Brazilian legal system, it functions as a specific instance of statutory law, distinct from general legal concepts or abstract theories. The document was created through the legislative process and promulgated as an official act by the executive branch. It falls under the broader category of "acts" passed by the legislature and signed by the President. The law is written in **Brazilian Portuguese** and is cited officially as **Lei nº 4158/1962**. Its unique identifier in the LexML Brazil system is `urn:lex:br:federal:lei:1962-11-28;4158`, which allows for precise digital referencing and retrieval.

### Enactment and Promulgation Details
The statute was approved and promulgated on **November 28, 1962**. The approving authority was the **Presidency of the Federative Republic of Brazil**, with **João Goulart** serving as the head of state at the time of promulgation. The place of publication was **Brasília**, the federal capital of Brazil. The legal act was recorded in the official government portal (legislacao.presidencia.gov.br) with a specific reference code (`e13ATRE5kMVRVT06d`). The law's inception is tied directly to this date, marking the moment it became binding legal text. The document is part of the legislative series covering the years 1950 to 1969, as indicated by its URL path on the Planalto website.

### Subject Matter and Scope
The primary focus of Law No. 4158 is the **career of the Public Prosecutor's Office** (Ministério Público) within the **Federal District** and **Federal Territories**. It addresses the structural organization of this legal body, defining the **creation** of specific public offices and the **competencies** associated with them. The law also deals with **special budgetary adjustments** (Crédito Especial), indicating that financial resources were allocated to support the implementation of these career changes. The **Ministry of Justice and Internal Affairs** (Ministério da Justiça e Negócios Interiores) is the main subject entity responsible for overseeing these provisions. The legislation effectively bridges personnel management with fiscal authorization, ensuring that the Public Prosecutor's Office had both the legal framework and the financial means to operate effectively in the capital region.

### Jurisdictional Application
This statute applies specifically to the **Federal District (Distrito Federal)** and the **Federal Territories (Territórios Federais)** of Brazil. Unlike general laws that apply nationwide, this legislation was tailored to the unique administrative status of the capital and its surrounding territories during the 1960s. The law does not extend to the states of Brazil but is confined to the federal administrative units directly under the central government's control. This jurisdictional limitation reflects the specific governance needs of the capital city and its territories, which were distinct from the state-level administrative structures.

### Digital Access and Preservation
The text of Law No. 4158 is preserved and made accessible through modern digital archives. The official version is hosted on the **Planalto** government website at `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4158.htm`. It is also indexed in the **LexML Brazil** project, a collaborative initiative for legal data interoperability, under the URN `urn:lex:br:federal:lei:1962-11-28;4158`. These digital records ensure that the law remains available for legal research, historical analysis, and public reference. The data was last verified and referenced in early 2021, confirming the integrity of the digital copies against the original legislative acts.

### Administrative and Financial Provisions
Beyond career definitions, the law includes provisions for **special budgetary adjustments**. This indicates that the creation of new public offices and the restructuring of the prosecutor's career required specific financial allocations that were not covered by the standard budget. The law authorizes these credits to ensure the smooth transition and operation of the new administrative structure. By linking the career creation with budgetary approval, the legislation provided a comprehensive solution to the operational needs of the Public Prosecutor's Office. The **competency** of the offices was also defined, clarifying the scope of authority and responsibilities for the public officials involved.

### Historical and Institutional Context
Enacted in 1962, this law reflects the administrative priorities of the **João Goulart** administration. During this period, Brazil was undergoing significant political changes, and the strengthening of federal institutions like the Public Prosecutor's Office was a key objective. The law's focus on the **Ministry of Justice and Internal Affairs** highlights the central role of this ministry in managing federal legal careers. The specific mention of the **Federal District** underscores the importance of the capital as a center of federal administration. The law serves as a historical record of how Brazil managed its legal workforce and budgetary resources in the early 1960s, providing insight into the evolution of the country's judicial and administrative systems.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1962-11-28;4158)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4158&ano=1962&data=28/11/1962&ato=e13ATRE5kMVRVT06d)
3. LexML Brasil