# Law No. 444 of October 20, 1948

> Brazilian law

**Wikidata**: [Q105650530](https://www.wikidata.org/wiki/Q105650530)  
**Source**: https://4ort.xyz/entity/law-no-444-of-october-20-1948

## Summary
Law No. 444 of October 20, 1948 (Lei nº 444, de 20 de outubro de 1948) is a Brazilian statute enacted by the Presidency of the Federative Republic of Brazil. It authorizes the Ministry of Education and Health to open a special credit specifically for the payment of teaching gratification (Gratificação de Magisterio).

## Key Facts
- **Official Title:** Lei nº 444, de 20 de outubro de 1948.
- **Legal Citation:** Lei nº 444/1948.
- **Date of Enactment:** October 20, 1948.
- **Classification:** Instance of a statute (formal written document that creates law).
- **Approving Authority:** Presidency of the Federative Republic of Brazil (via promulgation).
- **Jurisdiction:** Brazil (Federative Republic of Brazil).
- **Language:** Brazilian Portuguese.
- **Place of Publication:** Rio de Janeiro.
- **Executive Body Involved:** Ministry of Education and Health.
- **Main Subject:** Special budgetary adjustment (Credito Especial).
- **Specific Purpose:** Payment of teaching gratification (Gratificação de Magisterio).
- **LexML Brazil ID:** urn:lex:br:federal:lei:1948-10-20;444.
- **WikiProject:** Listed on the focus list of WikiProject Brazilian Laws.
- **Copyright Status:** Public domain (as an official legal document/edict of government).

## FAQs
**What is the primary function of Law No. 444/1948?**
This law authorizes the opening of a special credit by the Ministry of Education and Health to facilitate the payment of teaching gratification (Gratificação de Magisterio).

**Who enacted and approved this law?**
The law was approved by the Presidency of the Federative Republic of Brazil through the method of promulgation on October 20, 1948.

**Is the text of Law No. 444/1948 copyrighted?**
No, as a statute, it is in the public domain. The "edict of government doctrine" establishes that official legal documents, such as legislative enactments, are not subject to copyright to ensure public access.

**Where was this law officially published?**
The place of publication for this law is listed as Rio de Janeiro, which was the federal capital of Brazil at the time (the capital moved to Brasília in 1960).

**What specific type of budgetary action does this law involve?**
The law involves a "special budgetary adjustment," specifically referred to in the text as "Credito Especial," to allocate funds for the designated gratification.

## Why It Matters
Law No. 444 of October 20, 1948 matters as a concrete example of the Brazilian government's use of statutory law to manage fiscal policy and public sector compensation. By formally authorizing a "special credit" (Credito Especial), the law provides the legal mechanism necessary for the Ministry of Education and Health to disburse funds for teaching gratuities. This highlights the role of statutes in executing government obligations and ensuring the payment of public servants. As a legal document, it serves as the tangible manifestation of statutory law, creating a binding record that governs financial transactions within the federal administration. Its status as a public domain document ensures that the authorization for these public funds remains accessible and transparent to the citizenry.

## Notable For
- **Specific Subject Matter:** Distinctly focuses on "Gratificação de Magisterio" (teaching gratification), addressing the compensation of educators.
- **Historical Ministry Structure:** References the "Ministry of Education and Health" (Ministerio Da Educação E Saude), reflecting the administrative structure of the Brazilian federal government in 1948.
- **Budgetary Mechanism:** Explicitly utilizes "Credito Especial" (Special Credit) as a financial instrument for the payment.
- **Capital Context:** Published in Rio de Janeiro, serving as a historical marker from the period when Rio was the capital of Brazil (prior to the move to Brasília in 1960).
- **LexML Identification:** Part of the LexML Brazil legal knowledge system, identified by the URN `urn:lex:br:federal:lei:1948-10-20;444`.

## Body

### Legal Classification and Nature
Law No. 444 of October 20, 1948 is classified as a **statute**, which is defined as a formal written document that creates law. As a statute, it functions as the concrete manifestation of statutory law and serves as the official record of legal rules enacted by the government. It is taxonomically a subclass of "written work," "document," and "rule," and is distinct from abstract legal concepts. Like other statutes, it is composed of legal norms and is the result of the legislative process. In terms of intellectual property, this document is in the public domain; the "edict of government doctrine" dictates that official legislative enactments are not copyrightable, ensuring that the text is freely owned and accessible by the public.

### Enactment and Jurisdictional Context
The law was enacted on **October 20, 1948**, by the **Presidency of the Federative Republic of Brazil** through the determination method of promulgation. It applies to the jurisdiction of **Brazil**, the largest country in South America and the fifth-largest nation in the world by area. At the time of the law's publication, the place of publication was **Rio de Janeiro**. This is historically significant as Rio de Janeiro was the capital of Brazil until April 21, 1960, when the capital was moved to Brasília. The law is written in **Brazilian Portuguese**, the official language of Brazil, which is spoken by the vast majority of the population and used in all official government capacities.

### Legislative Content and Purpose
The substantive content of Law No. 444/1948 is summarized in its digest as: **"AUTORIZA A ABERTURA, PELO MINISTERIO DA EDUCAÇÃO E SAUDE, DE CREDITO ESPECIAL PARA PAGAMENTO DE GRATIFICAÇÃO DE MAGISTERIO."** (Authorizes the opening, by the Ministry of Education and Health, of special credit for payment of teaching gratification).

The key elements of the law include:
*   **Executive Body:** The **Ministry of Education and Health** (Ministerio Da Educação E Saude). This nomenclature indicates the historical organization of the Brazilian executive branch, where education and health were grouped under a single ministry.
*   **Financial Mechanism:** The law authorizes a **"Credito Especial"** (Special Credit). This falls under the main subject category of "special budgetary adjustment," allowing the government to allocate funds outside of the regular budgetary process for specific needs.
*   **Objective:** The specific purpose of the credit is the **"Pagamento"** (payment) of **"Gratificação De Magisterio"** (Teaching Gratification). This indicates the law was designed to provide financial compensation or bonuses to educators.

### Identification and Metadata
The law is formally identified within legal databases and knowledge systems through several standardized identifiers:
*   **LexML Brazil ID:** `urn:lex:br:federal:lei:1948-10-20;444`
*   **Legal Citation:** `Lei nº 444/1948`
*   **WikiProject:** It is included on the focus list of **WikiProject Brazilian Laws**, indicating its relevance in the cataloging of Brazilian legal history.

As a statute, it is modeled in semantic web technologies as the equivalent class to `https://schema.org/Legislation`. It is cataloged under library classification systems relevant to legal works, such as Dewey Decimal 342.057 and 348.02, and is recognized by authority control organizations like the Library of Congress (ID: sh85127611) and the German National Library (GND ID: 4020660-9).

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1948-10-20;444)
2. LexML Brasil