# Law No. 4280 of November 6, 1963 > Brazilian law **Wikidata**: [Q105647944](https://www.wikidata.org/wiki/Q105647944) **Source**: https://4ort.xyz/entity/law-no-4280-of-november-6-1963 ## Summary Law No. 4280 of November 6, 1963, is a Brazilian statute that regulates the removal of organs or tissues from deceased individuals. Promulgated during the presidency of João Goulart, this law establishes the legal framework for organ donation in Brazil, addressing requirements for consent, authorization, and the role of entities like the Ministry of Health. ## Key Facts - **Official Title:** Lei nº 4280, de 6 de novembro de 1963 - **Enactment Date:** November 6, 1963 - **Promulgated By:** João Goulart, President of the Federative Republic of Brazil - **Jurisdiction:** Brazil - **Language:** Brazilian Portuguese - **Legal Classification:** Statute (formal written document creating law) - **Main Subjects:** Head teacher (Diretor), consent (Aprovação), natural person (Pessoa Física), authorization (Autorização), expense (Despesa), Ministry of Health of Brazil (Ministério da Saúde), gift (Doação), design requirement (Requisitos), end (Destinação), decision (Fixação) - **Legal Citation:** Lei nº 4280/1963 - **Publication Location:** Brasília, Brazil - **Source Text Available At:** [Official Text](https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4280.htm) - **LexML Brazil ID:** urn:lex:br:federal:lei:1963-11-06;4280 - **WikiProject:** WikiProject Brazilian Laws ## FAQs **What does Law No. 4280 of 1963 regulate?** Law No. 4280 of 1963 regulates the removal of organs or tissues from deceased individuals in Brazil. It establishes the legal conditions under which such procedures may occur, including requirements for consent and authorization. **Who promulgated Law No. 4280?** The law was promulgated by João Goulart, who served as the President of the Federative Republic of Brazil at the time. The promulgation occurred on November 6, 1963. **What are the main subjects addressed in Law No. 4280?** The law addresses several key subjects, including the role of head teachers (Diretor), consent (Aprovação), natural persons (Pessoa Física), authorization (Autorização), expenses (Despesa), the Ministry of Health of Brazil (Ministério da Saúde), gifts (Doação), design requirements (Requisitos), the end or destination of organs (Destinação), and decisions (Fixação). **Where can the official text of Law No. 4280 be found?** The official text of Law No. 4280 is available on the Brazilian government's official legislation portal: [Lei nº 4280/1963](https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4280.htm). **What is the legal classification of Law No. 4280?** Law No. 4280 is classified as a statute, which is a formal written document that creates law. It is an instance of a legal term or legal concept and is a subclass of "written work," "document," and "rule." **What is the significance of the Ministry of Health in Law No. 4280?** The Ministry of Health of Brazil (Ministério da Saúde) plays a crucial role in the implementation and oversight of the law, particularly in matters related to the authorization and regulation of organ and tissue removal from deceased individuals. ## Why It Matters Law No. 4280 of 1963 is significant because it establishes the legal framework for organ and tissue donation in Brazil. This law ensures that such procedures are conducted ethically and legally, protecting the rights of deceased individuals and their families. By regulating consent and authorization processes, the law helps maintain public trust in medical and legal systems. It also plays a critical role in public health by facilitating organ transplants, which can save lives and improve the quality of life for many patients. ## Notable For - **First Legal Framework for Organ Donation:** Law No. 4280 is one of the earliest laws in Brazil specifically addressing the removal of organs or tissues from deceased individuals. - **Presidential Promulgation:** The law was promulgated by João Goulart, a significant figure in Brazilian political history. - **Comprehensive Legal Subjects:** The law covers a wide range of subjects, including consent, authorization, and the role of the Ministry of Health, making it a comprehensive legal document in the field of organ donation. - **Public Health Impact:** By regulating organ donation, the law has a direct impact on public health, facilitating life-saving medical procedures. ## Body ### Definition and Scope Law No. 4280 of November 6, 1963, is a Brazilian statute that specifically addresses the removal of organs or tissues from deceased individuals. The law is classified as a statute, which is a formal written document that creates law. It is an instance of a legal term or legal concept and is a subclass of "written work," "document," and "rule." ### Legal Context and Promulgation The law was promulgated by João Goulart, who served as the President of the Federative Republic of Brazil at the time. The promulgation occurred on November 6, 1963, in Brasília, the capital of Brazil. The law is written in Brazilian Portuguese and is applicable to the jurisdiction of Brazil. ### Main Subjects and Provisions Law No. 4280 addresses several key subjects, including: - **Head Teacher (Diretor):** The role and responsibilities of head teachers in the context of organ donation. - **Consent (Aprovação):** The requirements for obtaining consent for the removal of organs or tissues. - **Natural Person (Pessoa Física):** The legal status and rights of natural persons in relation to organ donation. - **Authorization (Autorização):** The process and requirements for authorizing the removal of organs or tissues. - **Expense (Despesa):** The financial aspects and expenses related to organ donation procedures. - **Ministry of Health of Brazil (Ministério da Saúde):** The role and responsibilities of the Ministry of Health in overseeing and regulating organ donation. - **Gift (Doação):** The legal aspects of donating organs or tissues. - **Design Requirement (Requisitos):** The specific requirements and conditions that must be met for organ donation. - **End (Destinação):** The destination and use of removed organs or tissues. - **Decision (Fixação):** The process and criteria for making decisions related to organ donation. ### Legal Citation and References The legal citation for Law No. 4280 is Lei nº 4280/1963. The official text of the law is available on the Brazilian government's official legislation portal: [Lei nº 4280/1963](https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4280.htm). The law is also referenced in the LexML Brazil database with the ID urn:lex:br:federal:lei:1963-11-06;4280. ### Significance and Impact Law No. 4280 of 1963 is significant because it establishes the legal framework for organ and tissue donation in Brazil. This law ensures that such procedures are conducted ethically and legally, protecting the rights of deceased individuals and their families. By regulating consent and authorization processes, the law helps maintain public trust in medical and legal systems. It also plays a critical role in public health by facilitating organ transplants, which can save lives and improve the quality of life for many patients. ### Related Entities and Concepts Law No. 4280 is related to several entities and concepts, including: - **Statute:** The law is an instance of a statute, which is a formal written document that creates law. - **Brazil:** The law is applicable to the jurisdiction of Brazil and was promulgated in Brasília, the capital of Brazil. - **João Goulart:** The President of the Federative Republic of Brazil who promulgated the law. - **Ministry of Health of Brazil:** The government entity responsible for overseeing and regulating organ donation in Brazil. - **WikiProject Brazilian Laws:** The law is part of the WikiProject Brazilian Laws, which aims to document and organize information about Brazilian laws. ### Historical Context Law No. 4280 was promulgated during a significant period in Brazilian history. João Goulart, who promulgated the law, was a prominent political figure who served as the President of Brazil from 1961 to 1964. The law was enacted during a time of political and social change in Brazil, and it reflects the country's efforts to establish a legal framework for organ donation. ### Legal and Ethical Considerations The law addresses several legal and ethical considerations related to organ donation. It ensures that the removal of organs or tissues from deceased individuals is conducted in a manner that respects the rights and dignity of the deceased and their families. The law also establishes clear guidelines for obtaining consent and authorization, which helps prevent abuse and ensures that organ donation is conducted ethically. ### Public Health Implications Law No. 4280 has significant public health implications. By regulating organ donation, the law facilitates the availability of organs and tissues for transplantation, which can save lives and improve the quality of life for many patients. The law also helps ensure that organ donation is conducted in a manner that is safe, ethical, and legally sound, which is crucial for maintaining public trust in the medical and legal systems. ### Conclusion Law No. 4280 of November 6, 1963, is a landmark piece of legislation in Brazil that establishes the legal framework for organ and tissue donation. The law addresses several key subjects, including consent, authorization, and the role of the Ministry of Health, making it a comprehensive legal document in the field of organ donation. By regulating these procedures, the law ensures that organ donation is conducted ethically and legally, protecting the rights of deceased individuals and their families while facilitating life-saving medical procedures. ## References 1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1963-11-06;4280) 2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4280&ano=1963&data=06/11/1963&ato=d4dk3aq50MVRVTeef) 3. LexML Brasil