# Law No. 4258 of September 12, 1963

> Brazilian law

**Wikidata**: [Q105647897](https://www.wikidata.org/wiki/Q105647897)  
**Source**: https://4ort.xyz/entity/law-no-4258-of-september-12-1963

## Summary
**Law No. 4258 of September 12, 1963** (Portuguese: *Lei nº 4.258, de 12 de setembro de 1963*) is a Brazilian federal statute enacted to waive the statute of limitations for a specific administrative claim. The law explicitly overrides the expiration period ("releva a prescrição") for the right to claim administrative benefits owed to former naval fusilier Antonio Santiago de Lima. It was promulgated by President João Goulart and remains part of the Brazilian legal record.

## Key Facts
- **Official Title:** Lei nº 4.258, de 12 de setembro de 1963
- **Classification:** Statute (formal written document creating law)
- **Jurisdiction:** Brazil (Federative Republic of Brazil)
- **Promulgation Date:** September 12, 1963
- **Place of Publication:** Brasília, Brazil
- **Approving Authority:** Presidency of the Federative Republic of Brazil
- **Signed By:** João Goulart (President of Brazil)
- **Language:** Brazilian Portuguese
- **Legal Citation:** Lei nº 4258/1963
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1963-09-12;4258`
- **Subject:** Waiver of statute of limitations ("prescrição") for the administrative claim of former soldier Antonio Santiago de Lima.
- **Online Access:** Available at `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4258.htm`
- **Wikimedia Project:** Listed on WikiProject Brazilian Laws

## FAQs
**What is the specific purpose of Law No. 4258/1963?**
The law was enacted to "releva a prescrição" (waive the expiration/statute of limitations) on an administrative claim filed by Antonio Santiago de Lima, a former naval fusilier (*Ex Soldado Fuzileiro Naval*). It allows his administrative case to proceed despite the time limit having technically expired.

**Who signed and promulgated this law?**
The statute was approved and promulgated by the Presidency of the Federative Republic of Brazil, specifically signed by President João Goulart, on September 12, 1963.

**Where is the official text of this law hosted?**
The official text is hosted by the Brazilian government at the Planalto Palace's civil law archive (`planalto.gov.br`) and is indexed under the LexML Brazil identifier system.

**What type of legal document is this?**
It is classified as a **statute**, which is a formal written document that creates law. In the context of the Brazilian legal system, it is a federal law enacted by the legislature and executive.

## Why It Matters
Law No. 4258/1963 serves as a specific example of the Brazilian state's sovereign power to waive its own procedural defenses, such as the statute of limitations ("prescrição"), in the interest of justice for individual citizens. Enacted during the administration of President João Goulart, it highlights the legislative practice of passing specific laws to resolve unique administrative situations that cannot be addressed through general bureaucratic channels. As a statute, it represents the "manifestation of statutory law" and serves as a concrete record of legal norms enacted by the Brazilian government in 1963.

## Notable For
- **Individual Legal Relief:** Specifically targets the case of a single individual, Antonio Santiago de Lima, rather than establishing a broad general rule.
- **Historical Context:** Signed by President João Goulart, a significant figure in Brazilian history whose administration preceded the 1964 military coup.
- **Legal Classification:** Serves as a clear example of a "statute" (statute) within the Brazilian legal system, functioning as a formal written document creating law.
- **Capital Context:** Published in Brasília, which had recently become the federal capital (established in 1960).

## Body

### Legislative Content and Scope
Law No. 4258 is a specific federal statute with a narrow scope. Its sole legal function, as recorded in the law digest, is to waive the statute of limitations regarding the right to an administrative claim incurred by **Antonio Santiago de Lima**, identified in the text as a former naval fusilier soldier (*Ex Soldado Fuzileiro Naval*). The law uses the legal mechanism of "relevação da prescrição," allowing the administrative process to proceed despite the passage of time that would typically bar the claim.

### Enactment and Authority
The law was formally approved by the **Presidency of the Federative Republic of Brazil** on **September 12, 1963**.
- **Head of State:** The promulgation was executed by **João Goulart**, who served as President of Brazil.
- **Location:** The law was published in **Brasília**, the federal capital of Brazil. At the time of enactment, Brasília had been the capital for only three years (since April 22, 1960).
- **Determination Method:** The law was enacted via promulgation, the formal act of proclaiming or declaring a statute into effect.

### Jurisdiction and National Context
The statute applies to the **Federative Republic of Brazil**.
- **Government System:** Brazil operates as a federal republic with a presidential system.
- **Legal System:** As a civil law country, Brazil utilizes statutes as primary sources of law. This entity is an instance of a "statute," a subclass of written work and rule.
- **Language:** The work is composed in **Brazilian Portuguese**, the official language of the jurisdiction.

### Identification and Accessibility
The law is cataloged and accessible through various official identifiers:
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1963-09-12;4258` (a standard identifier for Brazilian legal documents).
- **Legal Citation:** Referred to formally as *Lei nº 4258/1963*.
- **Digital Archive:** The full text is available at the official government portal of the Presidency of the Republic (`planalto.gov.br`), specifically within the Civil House's collection of laws from 1950-1969.

### Document Classification
In the context of knowledge organization, Law No. 4258 is classified as:
- **Instance of:** Statute.
- **Category:** Legal term or legal concept; written work.
- **Copyright Status:** As an official legal document (edict of government), statutes are generally in the public domain to ensure public access to the law.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1963-09-12;4258)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4258&ano=1963&data=12/09/1963&ato=e9ec3Yq50MVRVT3c9)
3. LexML Brasil