# Law No. 4398 of August 31, 1964

> Brazilian law

**Wikidata**: [Q105647976](https://www.wikidata.org/wiki/Q105647976)  
**Source**: https://4ort.xyz/entity/law-no-4398-of-august-31-1964

## Summary
Law No. 4398 of August 31, 1964 is a Brazilian federal statute enacted during the presidency of Humberto Castelo Branco. It authorizes a special budgetary adjustment, known as a "Crédito Especial," to allocate additional funds for specific government expenditures not covered in the original annual budget.

## Key Facts
- **Official Title:** Lei nº 4398, de 31 de agosto de 1964
- **Alias:** Lei nº 4398/1964
- **Enactment Date:** August 31, 1964
- **Jurisdiction:** Brazil (Federative Republic of Brazil)
- **Approving Authority:** Presidency of the Federative Republic of Brazil, under President Humberto Castelo Branco, via promulgation
- **Legal Classification:** Statute (a formal written document that creates law)
- **Primary Subject:** Special budgetary adjustment (Crédito Especial)
- **Place of Publication:** Brasília, Brazil
- **Language:** Brazilian Portuguese
- **LexML Brazil Identifier:** urn:lex:br:federal:lei:1964-08-31;4398
- **Legal Citation:** Lei nº 4398/1964
- **Official Text URLs:** 
  - https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l4398.htm
  - https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4398&ano=1964&data=31/08/1964&ato=b8fQTV65UNVRVTe03
- **Wikimedia Project:** Listed on the focus list of WikiProject Brazilian Laws

## FAQs
**What is the primary purpose of Law No. 4398/1964?**
The law's main purpose is to authorize a special budgetary adjustment (Crédito Especial), which reallocates or provides additional federal funds for specific government expenditures that were not included in the original annual budget. This mechanism allows the executive branch to address unforeseen financial needs or urgent priorities within the fiscal year.

**Who was responsible for enacting Law No. 4398?**
The law was approved and promulgated by the Presidency of the Federative Republic of Brazil. The specific head of state at the time of enactment on August 31, 1964, was President Humberto Castelo Branco, who served as the first president of Brazil's military government following the 1964 coup.

**How is Law No. 4398 legally categorized?**
It is formally classified as a statute. In legal taxonomy, a statute is a formal written document that creates law, encompassing acts passed by a legislature, executive orders, and by-laws. As a statute, this law is a concrete manifestation of statutory law within Brazil's federal legal system.

**Where can the complete, authoritative text of this law be found?**
The full, official text is publicly accessible through two primary Brazilian government portals. The first is the Planalto government portal, which archives federal legislation. The second is the presidential legislation database, which records acts approved by the presidency. Both URLs are provided in the law's official metadata.

**To which geographic and legal entity does this law apply?**
Law No. 4398 applies to the entire jurisdiction of the Federative Republic of Brazil. As a federal statute, it is a national law that supersedes state legislation in areas of federal competence and is binding across all Brazilian states and the Federal District.

## Why It Matters
Law No. 4398 is a functional component of Brazil's federal statutory framework for public financial management. Enacted in 1964, a year of profound political transition with the establishment of a military government, it exemplifies the type of budgetary legislation used to maintain governmental operations and fund state activities during periods of administrative change. Such special budgetary adjustment laws are critical tools for fiscal flexibility, allowing the executive to redirect resources to pressing national needs, emergencies, or newly defined priorities without waiting for the next annual budget cycle. Its existence in official, publicly accessible repositories like the Planalto portal ensures legal transparency and provides a historical record of federal spending authorizations during a significant era in Brazilian history. As a documented statute, it contributes to the body of law that governs the allocation of public resources, a cornerstone of state functionality and accountability.

## Notable For
- **Specific Legislative Instrument:** It is a precise example of a "Crédito Especial" (special budgetary credit), a specific type of supplementary budget law in the Brazilian legal system.
- **Historical Context:** Enacted in 1964, the same year as the military coup that initiated a 21-year dictatorship, placing it within the foundational legislative output of the Castelo Branco administration.
- **Presidential Signature:** Bears the direct imprint of President Humberto Castelo Branco's approval via promulgation, marking it as part of the executive's legislative action during his tenure.
- **Digital Preservation:** Possesses a unique, persistent LexML Brazil identifier (urn:lex:br:federal:lei:1964-08-31;4398), ensuring its unambiguous identification and integration into Brazil's structured legal data ecosystem.
- **Project Recognition:** Its inclusion on the focus list of WikiProject Brazilian Laws signals its recognized value for comprehensive documentation and research of Brazil's national legislation on Wikimedia platforms.

## Body
#### Legislative Origin and Enactment
Law No. 4398 was formally enacted as a federal statute of Brazil on August 31, 1964. The law was approved by the Presidency of the Federative Republic of Brazil, with the specific approving authority being President Humberto Castelo Branco. The method of approval was promulgation, the standard constitutional process by which a law passed by the National Congress is signed into effect by the President. The place of publication and origin was the capital city, Brasília. The law was written in Brazilian Portuguese, the official language of the federation.

#### Substantive Content and Legal Nature
The core substantive subject of the law is a "special budgetary adjustment," termed in Portuguese as "Crédito Especial." This indicates the law's function is to authorize an exceptional opening of credit or reallocation of funds within the Union's (federal government's) general budget. Such laws are used to finance specific, often urgent, expenditures that were not forecasted or included in the annual budget law (Lei Orçamentária). The law is classified taxonomically as an instance of a "statute," which is defined as a formal written document that creates law. As a statute, it is a manifestation of statutory law, composed of legal norms, and is part of the broader categories of "legal act" and "legislation."

#### Identifiers, Citations, and Access
The law has several key identifiers for precise reference and retrieval. Its unique LexML Brazil identifier is `urn:lex:br:federal:lei:1964-08-31;4398`, a standard URN for Brazilian federal legislation. The standard legal citation format is "Lei nº 4398/1964." The full, authoritative text of the law is available at two official Brazilian government URLs. The first is hosted on the Planalto website (`www.planalto.gov.br`), the official portal for federal legislation. The second is within the presidential legislation database (`legislacao.presidencia.gov.br`), which archives acts approved by the presidency. These digital availabilities ensure public access as per principles of legal transparency.

#### Jurisdictional Scope and Application
The law's jurisdictional scope is explicitly the Federative Republic of Brazil. As a federal statute, it applies uniformly across the entire national territory, including all 26 states and the Federal District. It governs matters within the competence of the Union (federal government), specifically concerning the manipulation of the federal budget. Its authority derives from the Brazilian Constitution of the time, which empowered the National Congress to authorize budgetary credits and the President to promulgate the resulting laws.

#### Context within Brazilian Legal and Historical Framework
Law No. 4398 exists within the corpus of Brazilian federal legislation. Its enactment date places it in the immediate aftermath of the 1964 military coup d'état, during the government of the first military president, Humberto Castelo Branco (1964-1967). This historical context is relevant as the early years of the military regime saw the passage of numerous laws restructuring the state and economy. The law's focus on budgetary mechanics reflects the ongoing need for governmental financial operations regardless of the political regime. It is currently recognized and curated by WikiProject Brazilian Laws, a collaborative effort on Wikimedia platforms to improve the coverage and accuracy of articles related to Brazilian legislation, indicating its perceived importance for legal and historical research.

#### Relationship to the Concept of a Statute
This specific law serves as a real-world instance of the general legal concept of a "statute." It embodies the definition: a formal written document enacted to create law. It follows the typical lifecycle, being preceded by draft laws (projetos de lei) in the National Congress and caused by the legislative act of that body, followed by presidential sanction. Its parts consist of legal norms that dictate how a specific sum of money may be allocated from the national treasury. It results in a specific rule of statutory law that government agencies must follow when executing the budget. Its status as a public document aligns with the general principle that statutes are in the public domain, as seen in doctrines like the "edict of government" in other jurisdictions, ensuring the law itself is freely accessible to the public it governs.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1964-08-31;4398)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=4398&ano=1964&data=31/08/1964&ato=b8fQTV65UNVRVTe03)