# Law No. 4301 of December 23, 1963

> Brazilian law

**Wikidata**: [Q105647977](https://www.wikidata.org/wiki/Q105647977)  
**Source**: https://4ort.xyz/entity/law-no-4301-of-december-23-1963

## Summary
Law No. 4301 of December 23, 1963 is a Brazilian federal statute that changed Article 60 of the Preamble of the Military Justice Code (Código da Justiça Militar). Promulgated by President João Goulart during a period of political tension preceding Brazil's 1964 military coup, this law represents a specific amendment to the country's military legal framework. The law was published in Brasília and remains accessible through Brazil's official legislative digital archive.

## Key Facts
- **Legal Type**: Federal statute (lei federal) enacted under Brazilian legislative authority
- **Official Title**: Lei nº 4301, de 23 de dezembro de 1963
- **Publication Date**: December 23, 1963
- **Promulgating Authority**: Presidency of the Federative Republic of Brazil
- **President at Time of Approval**: João Goulart (served 1961-1964)
- **Primary Effect**: Alters Article 60 of the Preamble of the Military Justice Code
- **Legal Citation Format**: Lei nº 4301/1963
- **Jurisdictional Scope**: Applies to entire Federative Republic of Brazil
- **Language**: Brazilian Portuguese
- **Place of Publication**: Brasília, Brazil's federal capital since 1960
- **Digital Identifier**: urn:lex:br:federal:lei:1963-12-23;4301 in the LexML Brazil system
- **Official URL**: Available at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4301.htm
- **Wikimedia Project**: Subject of WikiProject Brazilian Laws for documentation
- **Document Classification**: Instance of "statute," a formal written document that creates law
- **Main Subject Category**: Change (Alteração) to existing legal code

## FAQs
**What specific change did Law No. 4301/1963 make?**
The law modified Article 60 of the Preamble of the Military Justice Code, though the exact textual amendment is not detailed in the source metadata. This represents a targeted change to the introductory provisions of Brazil's military judicial system rather than a comprehensive reform.

**Who signed Law No. 4301 into effect and when?**
President João Goulart approved the law on December 23, 1963, during the final months of his presidency before his removal in the April 1964 military coup. The promulgation followed standard legislative procedures of the Presidency of the Federative Republic of Brazil.

**Where can the full text of this law be accessed?**
The complete text is publicly available through the official Planalto government website at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4301.htm, which hosts Brazil's consolidated federal legislation from 1950-1969.

**What is the LexML identifier and why does it matter?**
The law carries the LexML Brazil identifier urn:lex:br:federal:lei:1963-12-23;4301, which provides a permanent, standardized URI for legal citation and digital retrieval in Brazil's legislative information system.

**Is this law still in effect?**
The source material does not specify the current validity status. As a statute amending the Military Justice Code, its ongoing effect would depend on subsequent legislative actions and constitutional changes, particularly those following Brazil's 1988 Constitution.

**How does this law fit into Brazil's legal system?**
As a federal statute, it operates within Brazil's hierarchical legal framework where federal laws supersede state and municipal legislation. The law specifically targets military justice, a specialized jurisdiction distinct from ordinary civilian courts.

## Why It Matters
Law No. 4301 of December 23, 1963 matters because it represents a precise legislative intervention into Brazil's military justice system during one of the most politically volatile periods in the country's history. Enacted just four months before the military coup that would overthrow President João Goulart and initiate 21 years of dictatorship, any modification to military legal codes carried heightened significance. The Military Justice Code governed the legal framework for military personnel and, by extension, influenced civil-military relations that were central to the political crisis unfolding in 1963-64. Even technical amendments to such codes could reflect or precipitate shifts in military prerogatives, judicial authority, or the balance of power between civilian government and armed forces. The law's existence in digital archives today provides researchers and legal historians with concrete evidence of legislative activity during the final months of Brazil's democratic period before 1964, offering potential insights into the legal maneuvers and institutional changes that preceded authoritarian rule. Furthermore, its inclusion in the LexML system and WikiProject Brazilian Laws demonstrates Brazil's commitment to preserving and organizing its legislative heritage, making even minor historical statutes accessible for contemporary legal research, constitutional review, and historical analysis. The law exemplifies how specific, targeted amendments to military legislation can serve as important markers for understanding broader political and institutional transformations.

## Notable For
- **Precise Amendment**: Specifically targets Article 60 of the Preamble of the Military Justice Code, representing surgical legislative precision rather than broad reform
- **Historical Timing**: Enacted during the final months of João Goulart's presidency, placing it in immediate proximity to Brazil's 1964 military coup
- **Digital Preservation**: Maintained in Brazil's official digital legislative archive with permanent URL and LexML identifier for continuous access
- **Military Justice Focus**: Addresses military legal framework, a specialized jurisdiction distinct from Brazil's ordinary civilian court system
- **Federal Scope**: Applies uniformly across all Brazilian states and territories as federal legislation
- **Wikimedia Documentation**: Subject of dedicated curation through WikiProject Brazilian Laws, indicating its place in Brazil's legislative cataloging efforts
- **Portuguese Language**: Composed in Brazilian Portuguese, the official language of all federal legislation since Brazil's independence
- **Brasília Publication**: Published in Brazil's modernist planned capital, which had become the seat of federal government just three years prior in 1960

## Body

### Legal Classification and Nature
Law No. 4301 of December 23, 1963 is classified as a **statute** under Brazilian law, which designates it as a formal written document that creates legal rules. As a statute, it functions as a manifestation of statutory law and represents a subclass of written work, document, and rule within legal taxonomy. The law is an instance of federal legislation (lei federal) enacted by Brazil's national government, distinguishing it from state or municipal laws. Its creation followed the legislative process where draft laws are transformed into binding statutes through promulgation by the executive branch. The law's main subject is categorized as "change" (Alteração), explicitly identifying it as an amendment rather than original legislation. This classification places it within Brazil's tradition of incremental legal evolution, where existing codes are modified through targeted statutes rather than wholesale replacement.

### Content and Amendment Scope
The law's sole purpose, as documented in its digest, is to **alter Article 60 of the Preamble of the Military Justice Code** (Código da Justiça Militar). This targeted amendment focuses on the preamble section rather than substantive articles of the code, suggesting a modification to introductory principles, definitions, or interpretive guidelines rather than procedural or penal provisions. The Military Justice Code itself establishes the judicial framework for military personnel, military crimes, and the organization of military courts within Brazil's dual judicial system. By changing Article 60 specifically, the law likely addressed a particular legal norm or procedural element within the code's foundational statement. The source material does not provide the original or revised text of Article 60, limiting analysis of the substantive legal impact. However, the focus on preamble language indicates potential changes to the code's stated purposes, jurisdictional declarations, or guiding principles for military jurisprudence.

### Historical and Political Context
The law emerged during **João Goulart's presidency** (1961-1964), a period marked by intense political polarization and conflict between progressive reforms and conservative military opposition. Goulart, who had assumed the presidency after the resignation of Jânio Quadros, faced continuous challenges to his authority from military factions opposed to his labor and land reform policies. The law's promulgation date of December 23, 1963 places it just four months before the April 1, 1964 military coup that would depose Goulart and establish a dictatorship lasting until 1985. During this pre-coup period, legislative activity affecting military institutions carried heightened political weight, as the armed forces were central actors in the unfolding political crisis. Any modification to military justice procedures, personnel matters, or jurisdictional boundaries could be interpreted as either an attempt to assert civilian control over the military or as a conciliatory gesture to military demands. The law's enactment through standard presidential promulgation indicates it proceeded through normal legislative channels, suggesting either non-controversial technical adjustments or political calculations by Goulart's government regarding military relations.

### Publication and Digital Accessibility
The law was officially **published in Brasília**, the federal capital designed by Oscar Niemeyer and inaugurated in 1960. Publication in the federal capital signifies its issuance through official government channels with nationwide effect. The law's text is **publicly accessible** through multiple digital platforms:
- **Planalto Website**: The official presidential portal hosts the law at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4301.htm within its consolidated legislation database covering 1950-1969
- **LexML System**: The law carries the standardized identifier urn:lex:br:federal:lei:1963-12-23;4301 in Brazil's Legislative Markup Language framework, enabling permanent citation and machine-readable retrieval
- **Wikimedia Integration**: The law is tracked under WikiProject Brazilian Laws, indicating systematic efforts to document Brazil's legislative history across collaborative platforms

These accessibility features ensure the law remains available for historical research, legal precedent analysis, and constitutional review despite its age and the political transformations Brazil has undergone since 1963.

### Jurisdictional Application and Legal Hierarchy
As federal legislation, the law **applies to the entire jurisdictional territory of Brazil**, encompassing all 26 states and the Federal District. Brazil's federal system divides legislative competence between federal, state, and municipal governments, with federal statutes like Law No. 4301/1963 holding supremacy in their designated areas. The law's focus on military justice places it within the federal government's exclusive constitutional authority over military organization and the armed forces. The Military Justice Code, as amended by this law, would govern all branches of Brazil's armed forces: the Army, Navy, and Air Force. The law's application extends to both active military personnel and reservists subject to military jurisdiction, as well as civilians in certain circumstances defined by military law. The statute's enactment in Brazilian Portuguese reflects the constitutional mandate that Portuguese is the official language of the Republic, ensuring uniform interpretation across the linguistically diverse nation.

### Preservation and Cataloging
The law's inclusion in **WikiProject Brazilian Laws** demonstrates systematic efforts to organize and maintain Brazil's legislative corpus on Wikimedia platforms. This project likely involves verifying citations, cross-referencing amendments, and ensuring historical accuracy of Brazil's legal evolution. The law's documentation through structured Wikidata properties—recording its title, date, approving authority, and subject matter—creates machine-readable metadata that supports legal informatics and historical analysis. The preservation of such specific amendments, even those of potentially limited scope, enables scholars to trace the incremental development of Brazil's military justice system and understand how legal frameworks adapt to political pressures. The law's survival in digital archives also illustrates Brazil's transition from paper-based legislative record-keeping to modern digital preservation systems, ensuring that even statutes from the 1960s remain accessible to contemporary users.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1963-12-23;4301)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4301&ano=1963&data=23/12/1963&ato=b7aoXR650MVRVTda2)
3. LexML Brasil