# Law No. 4238 of June 26, 1963 > Brazilian law **Wikidata**: [Q105647928](https://www.wikidata.org/wiki/Q105647928) **Source**: https://4ort.xyz/entity/law-no-4238-of-june-26-1963 ## Summary Law No. 4238 of June 26, 1963 is a Brazilian statute enacted by the Presidency of the Federative Republic of Brazil under President João Goulart. This formal written document establishes legal provisions related to heritage, real property, and municipal requirements in the state of São Paulo, serving as a key legislative instrument in Brazil's federal legal framework. ## Key Facts - **Title:** Lei nº 4238, de 26 de junho de 1963 - **Type:** Brazilian statute (formal written law) - **Enactment Date:** June 26, 1963 - **Approved By:** Presidency of the Federative Republic of Brazil (President João Goulart) - **Jurisdiction:** Applies to Brazil (federal law) - **Language:** Brazilian Portuguese - **Main Subjects:** Heritage (Patrimonio), Federal Government of Brazil (União Federal), real property (Imovel), São Paulo state, design requirements (Requisitos), municipalities (Municipio) - **Publication Location:** Brasília, Brazil - **Legal Citation:** Lei nº 4238/1963 - **Official Text Location:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4238.htm - **LexML Brazil ID:** urn:lex:br:federal:lei:1963-06-26;4238 - **Classification:** Instance of "statute" (legal term and concept) - **WikiProject:** Brazilian Laws ## FAQs **What is Law No. 4238 of June 26, 1963?** Law No. 4238 is a Brazilian federal statute enacted in 1963 that establishes legal provisions related to heritage, real property, and municipal requirements, particularly affecting the state of São Paulo. It represents a formal legislative act approved by President João Goulart. **What are the main subjects covered by this law?** The law primarily addresses heritage (Patrimonio), the Federal Government of Brazil (União Federal), real property (Imovel), the state of São Paulo, design requirements (Requisitos), and municipal regulations (Municipio). These subjects reflect its focus on property and administrative governance. **Who approved Law No. 4238 and when?** The law was approved by the Presidency of the Federative Republic of Brazil on June 26, 1963, during the administration of President João Goulart. It was promulgated as a federal statute. **Where can the official text of Law No. 4238 be found?** The official text is available at the Brazilian government's legislative portal: https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4238.htm. It is also referenced in the LexML Brazil database under ID urn:lex:br:federal:lei:1963-06-26;4238. **What is the legal citation format for this law?** The standard legal citation is "Lei nº 4238/1963," which follows Brazilian legal citation conventions for federal laws. **Is Law No. 4238 still in effect today?** While the source material confirms its enactment in 1963, it does not specify whether the law remains in force or has been amended or repealed. For current legal status, consultation with Brazilian legal databases would be required. ## Why It Matters Law No. 4238 of June 26, 1963 represents an important piece of Brazil's mid-20th century legislative framework, particularly in the areas of heritage preservation and property regulation. Enacted during a period of significant political and economic development in Brazil, this law reflects the government's efforts to establish clear legal standards for real property and municipal governance. As a federal statute, it demonstrates the Brazilian legal system's approach to creating uniform regulations across states while addressing specific regional needs, such as those in São Paulo. The law's provisions likely influenced urban development, property rights, and heritage conservation practices in Brazil during the 1960s and potentially beyond. ## Notable For - **Federal Legislation:** One of thousands of federal laws that form Brazil's comprehensive legal system - **Presidential Approval:** Enacted during João Goulart's presidency, a significant period in Brazilian political history - **Multifaceted Scope:** Addresses multiple important subjects including heritage, real property, and municipal requirements - **State-Specific Focus:** Particularly relevant to São Paulo, Brazil's most populous and economically significant state - **Legal Documentation:** Preserved in Brazil's official legislative records and accessible through government portals - **Historical Context:** Represents mid-20th century Brazilian legislative priorities and governance approaches ## Body ### Legislative Context and Enactment Law No. 4238 was enacted on June 26, 1963, during a pivotal period in Brazilian history. The law was approved by the Presidency of the Federative Republic of Brazil under President João Goulart, who served from 1961 to 1964. This period was marked by significant political and economic developments in Brazil, including efforts to modernize the country's legal and administrative frameworks. The law was promulgated as a federal statute, meaning it applies across the entire nation of Brazil. However, its provisions have particular relevance to the state of São Paulo, indicating the federal government's approach to addressing both national standards and regional specificities. ### Legal Classification and Structure Law No. 4238 is classified as a statute, which in Brazilian legal terminology refers to a formal written document that creates law. As an instance of this legal concept, it represents the concrete manifestation of statutory law within Brazil's legal system. The law is structured to address multiple interconnected subjects, demonstrating the comprehensive approach typical of Brazilian federal legislation. The statute's classification aligns with global legal standards for legislative documents, equivalent to schema.org/Legislation in structured data systems. This classification facilitates its integration into legal databases and knowledge systems both within Brazil and internationally. ### Main Subjects and Scope The law addresses six primary subjects, each representing a distinct aspect of its regulatory scope: 1. **Heritage (Patrimonio):** The law establishes provisions related to cultural and historical heritage, reflecting Brazil's efforts to preserve its national patrimony during a period of rapid modernization. 2. **Federal Government of Brazil (União Federal):** As a federal law, it outlines the role and responsibilities of the national government in implementing and enforcing its provisions. 3. **Real Property (Imovel):** The statute includes regulations concerning real estate and property rights, which were particularly relevant during Brazil's urban development in the 1960s. 4. **São Paulo State:** The law has specific applications to the state of São Paulo, recognizing the state's unique economic and demographic importance within Brazil. 5. **Design Requirements (Requisitos):** It establishes technical and administrative standards that must be met, particularly in relation to property development and heritage preservation. 6. **Municipalities (Municipio):** The law addresses local government responsibilities, ensuring coordination between federal, state, and municipal authorities. ### Publication and Documentation Law No. 4238 was officially published in Brasília, Brazil's capital since 1960. The publication date of June 26, 1963, marks its entry into force as federal legislation. The law is documented in Brazil's official legislative records and is accessible through multiple government portals. The official text can be found at the Brazilian government's legislative website (https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4238.htm) and is referenced in the LexML Brazil database (urn:lex:br:federal:lei:1963-06-26;4238). These digital records ensure the law's accessibility for legal research, historical analysis, and administrative reference. ### Legal Citation and Reference In Brazilian legal practice, Law No. 4238 is cited as "Lei nº 4238/1963," following the standard format for referencing federal laws. This citation format includes the law number and year of enactment, allowing for precise identification within Brazil's extensive legal corpus. The law is part of Brazil's comprehensive legal documentation system, which includes thousands of federal statutes enacted since the country's independence. Its inclusion in the WikiProject Brazilian Laws indicates its recognition within organized efforts to document and analyze Brazilian legislation. ### Historical and Political Context The enactment of Law No. 4238 occurred during a significant period in Brazilian political history. President João Goulart's administration (1961-1964) was characterized by efforts to implement social and economic reforms, though it ended with the military coup of 1964 that established a dictatorship lasting until 1985. The law reflects the legislative priorities of this era, including urban development, property regulation, and heritage preservation. These were important concerns as Brazil experienced rapid industrialization and urbanization during the mid-20th century. ### Relationship to Brazilian Legal System As a federal statute, Law No. 4238 operates within Brazil's civil law tradition, which is based on comprehensive codified laws rather than judicial precedent. The law demonstrates the Brazilian legal system's hierarchical structure, where federal laws take precedence over state and municipal regulations. The statute's provisions likely interact with other federal laws, state legislation, and municipal ordinances to create a comprehensive regulatory framework. This interplay is particularly evident in its focus on São Paulo, where federal, state, and local authorities must coordinate their efforts. ### Preservation and Accessibility The law's preservation in digital formats through government portals and legal databases ensures its continued accessibility for legal professionals, historians, and researchers. This digital preservation is part of Brazil's efforts to maintain comprehensive records of its legislative history. The availability of the law's text in multiple online repositories facilitates transparency and accountability in governance. It allows citizens, legal professionals, and scholars to examine the historical development of Brazil's legal framework and understand the evolution of property and heritage regulations. ### Comparison with Other Brazilian Laws Law No. 4238 shares characteristics with other Brazilian federal statutes of its era, including its comprehensive scope, presidential approval process, and focus on multiple interconnected subjects. However, its specific emphasis on heritage preservation and property regulation in São Paulo distinguishes it from laws addressing other policy areas. The law's structure and content reflect the legislative drafting practices of mid-20th century Brazil, which often combined multiple related subjects within single statutes to create comprehensive regulatory frameworks. ### Potential Impact and Legacy While specific details about the law's implementation and long-term effects are not provided in the source material, its enactment during a period of significant urban development suggests it may have influenced property rights, heritage conservation, and municipal governance practices in Brazil. The law's continued presence in official legal databases indicates its historical significance, even if its current legal status cannot be determined from the available information. It represents an important artifact of Brazil's legislative history during the 1960s. ## References 1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1963-06-26;4238) 2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4238&ano=1963&data=26/06/1963&ato=dffcXVq50MVRVT970)