# Law No. 4393 of August 31, 1964

> Brazilian law

**Wikidata**: [Q105648351](https://www.wikidata.org/wiki/Q105648351)  
**Source**: https://4ort.xyz/entity/law-no-4393-of-august-31-1964

## Summary
**Law No. 4393 of August 31, 1964** is a Brazilian statute that creates specific commissioned positions within the Ministry of Education and Culture, specifically for the Federal Council of Education. Enacted by the Presidency of the Federative Republic of Brazil, it establishes the roles of Secretary-General and Secretaries of Chambers. As a formal legal instrument, it serves as a manifestation of statutory law and is applicable throughout the jurisdiction of Brazil.

## Key Facts
- **Official Title:** Lei nº 4.393, de 31 de agosto de 1964.
- **Classification:** Instance of a **statute** (a formal written document that creates law).
- **Date of Publication:** August 31, 1964.
- **Approving Authority:** Presidency of the Federative Republic of Brazil, promulgated by **Castelo Branco**.
- **Jurisdiction:** Brazil.
- **Place of Publication:** Brasília.
- **Language:** Brazilian Portuguese.
- **Legal Citation:** Lei nº 4393/1964.
- **Primary Function:** Creates commissioned positions (Secretario Geral and Secretarios de Camaras) in the Federal Council of Education within the Ministry of Education and Culture (MEC).
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1964-08-31;4393`.
- **Official URL:** Available at `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4393.htm`.
- **Copyright Status:** Public domain (as a government edict/statute).

## FAQs
**What is the specific purpose of Law No. 4393/1964?**
The law mandates the creation of commissioned staff roles within the Ministry of Education and Culture, specifically designating a Secretary-General and Secretaries of Chambers for the Federal Council of Education.

**Who signed and promulgated this law?**
The statute was approved by the Presidency of the Federative Republic of Brazil, with Castelo Branco listed as the authority associated with its promulgation on August 31, 1964.

**What type of legal instrument is this?**
It is a **statute**, which is defined as a formal written document enacted to create law. In the context of the United States and France, such documents are considered public domain due to the "edict of government doctrine," ensuring public accessibility.

**Where does the law apply?**
The law applies to the jurisdiction of **Brazil**, a federal republic in South America with its capital in Brasília.

## Why It Matters
Law No. 4393 of August 31, 1964, matters as a specific administrative statute that structured the bureaucratic framework of Brazil's educational governance during a pivotal historical period. Enacted shortly after the onset of the military regime in Brazil (which began in 1964), it represents the exercise of executive authority to reorganize the Ministry of Education and Culture (MEC). By formalizing the positions of Secretary-General and Secretaries of Chambers within the Federal Council of Education, the law facilitated the administrative functioning of one of Brazil's most critical federal bodies. It serves as a concrete example of how statutory law is used to create "public offices" and manage state infrastructure, reflecting the broader role of statutes as the primary instruments of government authority and record-keeping.

## Notable For
- **Administrative Organization:** Specifically targets the organizational structure of the **Federal Council of Education** under the Ministry of Education and Culture.
- **Historical Context:** Promulgated on **August 31, 1964**, placing it within the first year of the military dictatorship period in Brazil (1964–1985).
- **Creation of Public Offices:** Explicitly creates "cargos em comissão" (commissioned positions), defining specific bureaucratic roles within the government.
- **Public Accessibility:** As a statute, it is notable for being a public domain document, accessible to all citizens without copyright restriction.
- **Semantic Structuring:** It is a subject of the WikiProject Brazilian Laws and possesses a structured LexML identifier, indicating its integration into modern legal knowledge graphs.

## Body

### Definition and Classification
**Law No. 4393 of August 31, 1964** is a **statute**, a class of formal written document intended to create law. It is identified by the Wikidata description as a "Brazilian law" and operates as a "legal term or legal concept." Structurally, it is a subclass of "written work" and "document," functioning as a manifestation of statutory law. It is composed of "legal norms" and is the result of "legislation."

As a statute, it falls under the "edict of government doctrine," meaning it is generally in the public domain. This status ensures that the legal rules contained within the document—specifically those regarding the Ministry of Education and Culture—are freely owned by the public and not subject to copyright restrictions.

### Historical and Political Context
The law was published on **August 31, 1964**, in **Brasília**, the federal capital of Brazil. This date is significant as it falls within the year the Brazilian military government seized power. The approving authority is listed as the **Presidency of the Federative Republic of Brazil**, with **Castelo Branco** associated as the determining agent of promulgation. Castelo Branco served as the first president of the military regime, indicating that this law was an early administrative action by the new government to structure the federal educational bodies.

The jurisdiction for this statute is **Brazil** (officially the Federative Republic of Brazil), the largest country in South America. At the time of the law's enactment, Brazil was operating under a presidential system, with the government situated in Brasília (which had been the capital since 1960).

### Content and Provisions
The primary subject matter of Law No. 4393 is the **creation** of administrative structures, specifically regarding **public offices** within the **Ministry of Education** (Ministerio Da Educação - MEC).

According to the law's digest, the text serves to:
1.  **Create positions** within the Ministry of Education and Culture.
2.  Specifically establish the **Federal Council of Education** (Conselho Federal de Educação).
3.  Define the roles of **Secretary-General** (Secretario Geral) and **Secretaries of Chambers** (Secretarios de Camaras).

These roles are "cargos em comissão" (commissioned positions), which are typically appointed roles rather than career civil service positions, allowing for direct administrative control by the ministry.

### Technical Identifiers and Access
The law is indexed within Brazilian legal databases and international knowledge graphs:
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1964-08-31;4393`.
- **Legal Citation:** Lei nº 4393/1964.
- **Official Text:** The work is available at the Planalto Palace website (`https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4393.htm`).
- **Knowledge Graph:** It is included on the focus list of "WikiProject Brazilian Laws," categorizing it as a significant entity within legal semantic web projects.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1964-08-31;4393)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4393&ano=1964&data=31/08/1964&ato=5a2oXV65UNVRVTd1f)
3. LexML Brasil