# Law No. 4188 of December 17, 1962

> Brazilian law

**Wikidata**: [Q105647842](https://www.wikidata.org/wiki/Q105647842)  
**Source**: https://4ort.xyz/entity/law-no-4188-of-december-17-1962

## Summary
Law No. 4188 of December 17, 1962, is a Brazilian statute enacted to authorize a special budgetary adjustment (Crédito Especial) specifically concerning the judiciary. Promulgated by President João Goulart in Brasília, the law serves as a formal written document that establishes legal norms within the Brazilian statutory framework.

## Key Facts
- **Official Title:** Lei nº 4188, de 17 de dezembro de 1962.
- **Legal Citation:** Lei nº 4188/1962.
- **Date of Promulgation:** December 17, 1962.
- **Jurisdiction:** Federative Republic of Brazil.
- **Primary Subjects:** Special budgetary adjustment (Crédito Especial) and the Judiciary (Judiciário).
- **Promulgating Authority:** Presidency of the Federative Republic of Brazil, specifically signed by João Goulart.
- **Classification:** Statute (formal written document; subclass of written work, document, and rule).
- **Language:** Brazilian Portuguese.
- **Place of Publication:** Brasília, Brazil.
- **Digital Identifier:** LexML Brazil ID `urn:lex:br:federal:lei:1962-12-17;4188`.
- **Official Source:** Available via the Presidency's legislative portal (planalto.gov.br).
- **Project Affiliation:** Included in the focus list of WikiProject Brazilian Laws.

## FAQs
**What is the primary function of Law No. 4188 of 1962?**
The law was enacted to facilitate a "Crédito Especial," which is a special budgetary adjustment. Its specific focus was directed toward the Brazilian judiciary (Judiciário), providing the necessary legal framework for financial or administrative changes within that branch.

**Who was the head of state when this law was approved?**
The law was approved and promulgated by João Goulart, who served as the President of the Federative Republic of Brazil during this period. The act of promulgation took place in Brasília, which had become the national capital only two years prior in 1960.

**How is this law categorized in legal databases?**
In the LexML Brazil system, it is identified by the URN `urn:lex:br:federal:lei:1962-12-17;4188`. It is classified as a "statute," a term that encompasses acts, executive orders, and by-laws, and is recognized as a manifestation of statutory law.

**Is the text of Law No. 4188 protected by copyright?**
As a statute and an official legal document of the Brazilian government, it falls under the general principle that such records are in the public domain. This aligns with the "edict of government doctrine," which posits that legislative enactments and official legal rules are not subject to copyright to ensure public accessibility.

## Why It Matters
Law No. 4188 of 1962 represents a specific exercise of legislative authority during a transformative period in Brazilian history. Enacted just two years after the capital moved to Brasília and during the presidency of João Goulart, it illustrates the procedural mechanisms used to manage the country's judiciary through special budgetary credits. As a statute, it functions as a "manifestation of statutory law," providing the definitive written evidence of a legal rule that governed society. Such laws are essential for the rule of law, ensuring that government mandates regarding the judiciary and national budget are documented, accessible, and enforceable.

## Notable For
- **Budgetary Specificity:** Notable for its focus on "Crédito Especial," a targeted financial instrument for government adjustments.
- **Historical Context:** Promulgated during the administration of João Goulart, shortly before the 1964 transition to military rule.
- **Geographic Significance:** One of the earlier federal laws published in the then-new capital of Brasília.
- **Standardized Identification:** Indexed within the LexML Brazil system, ensuring its interoperability with global legal knowledge bases.
- **Public Domain Status:** As an official legislative enactment, it is exempt from copyright restrictions, reinforcing the principle of open government.

## Body

### Legal Classification and Nature
Law No. 4188 of December 17, 1962, is classified as a **statute**. In legal theory, a statute is a formal written document that creates law, serving as a subclass of "written work," "document," and "rule." It is the physical manifestation of statutory law and is composed of "legal norms." The creation of this law followed the standard legislative process, beginning as "draft laws" and resulting from the act of "legislation." 

Statutes like Law No. 4188 are globally recognized as foundational legal concepts. They are cataloged under Dewey Decimal classifications 342.057 and 348.02 and are equivalent to the `https://schema.org/Legislation` class in web ontologies.

### Enactment and Authority
The law was promulgated on December 17, 1962, by the **Presidency of the Federative Republic of Brazil**. The specific individual responsible for the promulgation was **João Goulart**. The place of publication was **Brasília**, the federal capital that had been inaugurated on April 22, 1960. This law was enacted during a period of democratic governance in Brazil, which had maintained sovereignty since its independence from the Portuguese Empire on September 7, 1822.

### Subject Matter: Budget and Judiciary
The main subjects of Law No. 4188 are:
*   **Special Budgetary Adjustment (Crédito Especial):** A legislative tool used to authorize expenditures for which there was no previous budget allocation or to supplement existing ones.
*   **The Judiciary (Judiciário):** The law specifically targeted the judicial branch of the Brazilian government, which is headed by the Supreme Federal Court (STF).

### Historical and National Context
At the time of Law No. 4188's enactment, Brazil was a federal republic with a presidential system. The country was experiencing significant growth; its population in 1960 was approximately 72.8 million. The law was passed in the context of a nation that occupies 8.5 million km² and is the largest in South America. The legal system in which Law No. 4188 operates is rooted in the Portuguese influence, with Brazilian Portuguese as the official language of the work.

### Access and Digital Records
Law No. 4188 is maintained in several digital repositories and identified through standardized systems:
*   **LexML Brazil:** It is assigned the persistent identifier `urn:lex:br:federal:lei:1962-12-17;4188`.
*   **Planalto Portal:** The full text is available at the official website of the Presidency (`planalto.gov.br`).
*   **WikiProject:** It is a subject of interest for the WikiProject Brazilian Laws, which tracks and organizes legal data related to the country's statutes.

### Copyright and Public Policy
In accordance with legal standards in jurisdictions like the United States and France, Brazilian statutes such as Law No. 4188 are generally considered to be in the **public domain**. This is supported by the "edict of government doctrine," which ensures that official legal documents—including legislative enactments and administrative rulings—are not copyrightable. This policy ensures that the public has unrestrained access to the laws they are required to follow.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1962-12-17;4188)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4188&ano=1962&data=17/12/1962&ato=826ATUE5kMVRVTd26)