# Law No. 4297 of December 23, 1963

> Brazilian law

**Wikidata**: [Q105647954](https://www.wikidata.org/wiki/Q105647954)  
**Source**: https://4ort.xyz/entity/law-no-4297-of-december-23-1963

## Summary
Law No. 4297 of December 23, 1963 is a Brazilian statute promulgated by President João Goulart that provides for retirement and pensions administered by institutes or pension funds for ex-combatants and their dependents. Published in Brasília, this formal legal document addresses specific provisions for the Brazilian Air Force, including special pensions, concessions, and financial readjustments. It operates as a manifestation of statutory law within the jurisdiction of Brazil and is documented as a public domain edict of government.

## Key Facts
- **Official Title:** Lei nº 4297, de 23 de dezembro de 1963.
- **Legal Citation:** Lei nº 4297/1963.
- **Date of Approval/Promulgation:** December 23, 1963.
- **Approving Authority:** Presidency of the Federative Republic of Brazil (President João Goulart).
- **Jurisdiction:** Brazil.
- **Classification:** Instance of a **statute** (formal written document that creates law); subclass of "written work," "document," and "rule."
- **Primary Subject:** Retirement (aposentadoria) and pensions for ex-combatants and their dependents.
- **Specific Entities Covered:** Brazilian Air Force (Força Aerea Brasileira - FAB), institutes, and pension funds (caixas).
- **Key Provisions:** Covers "Pensão Especial" (Special Pension), "Concessão" (Granting/Concession), and "Reajustamento" (Readjustment).
- **Place of Publication:** Brasília, Brazil.
- **Language:** Brazilian Portuguese.
- **Official Source URL:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4297.htm.
- **LexML Identifier:** urn:lex:br:federal:lei:1963-12-23;4297.
- **Copyright Status:** Public domain (as a statute/edict of government).
- **WikiProject:** Listed on the focus list of WikiProject Brazilian Laws.

## FAQs
**Who enacted Law No. 4297 of 1963?**
The statute was approved by the Presidency of the Federative Republic of Brazil. Specifically, it was promulgated by President João Goulart on December 23, 1963.

**What specific benefits does Law No. 4297 regulate?**
This law governs the retirement and pensions provided by institutes or pension funds. It specifically addresses special pensions, the granting of benefits, and the readjustment of financial support for ex-combatants and their dependents.

**Is Law No. 4297 subject to copyright restrictions?**
No, as a formal statute and edict of government, Law No. 4297 is in the public domain. This ensures that the legal text is freely owned and accessible to the public without copyright restrictions.

**Where can the official text of the law be accessed?**
The official document is available at the Brazilian government's official portal (Planalto) at the URL https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4297.htm.

**Which military branch is specifically mentioned in the law?**
The law explicitly references the Brazilian Air Force (Força Aerea Brasileira - FAB) as one of the entities or groups subject to the regulations regarding retirement and pensions.

## Why It Matters
Law No. 4297 matters because it codifies the social security rights of ex-combatants, ensuring that those who served in the Brazilian military—specifically within contexts involving the Air Force and related institutes—receive legally guaranteed retirement and pension benefits. By establishing clear rules for "concessão" (concession) and "reajustamento" (readjustment), the law provides a mechanism for financial stability and adjustment for veterans and their families. As a statutory instrument, it serves as the definitive, written evidence of the government's obligation to these individuals, distinct from abstract policies. Furthermore, its status as a public domain document reinforces the democratic principle that laws governing the public must be freely accessible to everyone, allowing citizens and administrators to reference and enforce these rights without barrier.

## Notable For
- **Historical Context:** Enacted on December 23, 1963, during the presidency of João Goulart, shortly before the 1964 Brazilian coup d'état.
- **Specific Beneficiaries:** Notable for targeting "institutos ou caixas" (institutes or funds) specifically for ex-combatants, distinguishing it from general civil service pension laws.
- **Semantic Web Presence:** Included in the WikiProject Brazilian Laws focus list and indexed with a specific LexML URN (`urn:lex:br:federal:lei:1963-12-23;4297`).
- **Legal Classification:** Formally classified as a "statute," placing it within the global taxonomy of legal documents that function as written works and rules.
- **Public Domain Standard:** Exemplifies the "edict of government doctrine," serving as a practical example of a legal document free from copyright restrictions.

## Body

### Definition and Legal Classification
Law No. 4297 of December 23, 1963 is a specific instance of a **statute**, which is defined as a formal written document that creates law. As a statute, it falls under the legal classification of a "written work" and "document," serving as the tangible manifestation of statutory law. It is distinct from general concepts of legislation in that it is the specific recorded act—the "legal act"—that enforces rules. In the hierarchy of legal knowledge, this document functions as a container for "legal norms" and is the result of a legislative process that follows "draft laws."

### Legislative History and Approval
The law was promulgated on December 23, 1963, by the **Presidency of the Federative Republic of Brazil**. The specific determination method recorded for its approval is **promulgation**, with **João Goulart** serving as the president at the time. The document was officially published in **Brasília**, the federal capital of Brazil. The location of publication is significant as Brasília had been the capital since April 21, 1960, representing the seat of the federal government where such statutes are officially recorded.

### Subject Matter and Scope
The primary digest of the law states: *"DISPÕE SOBRE A APOSENTADORIA E PENSÕES DE INSTITUTOS OU CAIXAS DE APOSENTADORIA E PENSÕES PARA EX COMBATENTES E SEUS DEPEDENTES"* (Provides for the retirement and pensions of institutes or pension funds for ex-combatants and their dependents). The scope of the law is detailed through its main subjects, which include:
- **Retirement (Aposentadoria):** The provisions for ceasing work due to age or service length.
- **Pensão Especial (Special Pension):** Specific pension arrangements distinct from standard schemes.
- **Concessão (Concession):** The act of granting these benefits.
- **Reajustamento (Readjustment):** Financial adjustments to the value of benefits.
- **Brazilian Air Force (Força Aerea Brasileira - FAB):** The specific military branch explicitly mentioned in the context of these benefits.

### Jurisdiction and National Context
This statute applies to the jurisdiction of **Brazil**, the largest country in South America and the federative republic where Portuguese is the official language. The law is written in **Brazilian Portuguese**, adhering to the linguistic standards of the country's legal system. Brazil operates as a federal republic with a presidential system, and during the time of this law's enactment (1963), the government structure was functioning under the 1946 Constitution, prior to the military rule that began in 1964.

### Technical Identifiers and Accessibility
The document is uniquely identified in several legal knowledge systems to ensure proper citation and retrieval:
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1963-12-23;4297`
- **Official URL:** Hosted on the Presidência da República website (`https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4297.htm`)
- **Legal Citation:** Lei nº 4297/1963
- **WikiProject:** It is tracked as part of the **WikiProject Brazilian Laws**, indicating its relevance to efforts documenting the country's legal history.

### Copyright Status
As a statute, Law No. 4297 is subject to the "edict of government doctrine" regarding copyright. In both the United States and France (and consistent with global principles of open government), official legal documents such as legislative enactments are not subject to copyright. They are considered to be in the **public domain**, ensuring that the public has unrestrained access to the full text of the law. This status allows for the reproduction and dissemination of the legal text for educational, judicial, and informational purposes without restriction.

### Connection to Related Entities
- **Statute Class:** Law No. 4297 is a direct instance of the broader class "statute." This class is recognized globally, with identifiers such as the Library of Congress Authority ID `sh85127611` and GND ID `4020660-9`.
- **Brazil:** The law is inextricably linked to the entity **Brazil**, which provides the geographical and political jurisdiction. Brazil's identity as a sovereign state (independent since 1822) and its capital, Brasília, are integral metadata points for this law.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1963-12-23;4297)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4297&ano=1963&data=23/12/1963&ato=d2fUTQ650MVRVTd5d)
3. LexML Brasil