# Law No. 469 of November 5, 1948

> Brazilian law

**Wikidata**: [Q105647766](https://www.wikidata.org/wiki/Q105647766)  
**Source**: https://4ort.xyz/entity/law-no-469-of-november-5-1948

## Summary
Law No. 469 of November 5, 1948, is a Brazilian federal statute enacted to grant executability to Decree-Law No. 7,928 of September 3, 1945. Promulgated by the Presidency of the Federative Republic of Brazil, this law addresses the competency and authority of the President of Brazil and the Federal Senate. It serves as a formal legal instrument within the Brazilian legal system, written in Brazilian Portuguese and published in Rio de Janeiro.

## Key Facts
- **Official Title:** Lei nº 469, de 5 de novembro de 1948
- **Legal Citation:** Lei nº 469/1948
- **Publication Date:** November 5, 1948
- **Place of Publication:** Rio de Janeiro, Brazil
- **Jurisdiction:** Federative Republic of Brazil
- **Primary Subject:** Executability of Decree-Law No. 7,928 (September 3, 1945)
- **Approving Authority:** Presidency of the Federative Republic of Brazil
- **Date of Promulgation:** November 5, 1948
- **Language:** Brazilian Portuguese
- **Legal Classification:** Statute (Formal written document creating law)
- **LexML Brazil Identifier:** urn:lex:br:federal:lei:1948-11-05;469
- **Main Subjects Addressed:** President of Brazil (stated as "Presidente Da Republica"), Federal Senate of Brazil (stated as "Senado"), President (stated as "Presidente"), and Competency (stated as "Competencia")
- **Source Reference:** LexML Brazil (Retrieved January 28, 2021)
- **Related Legal Entity:** Decree-Law No. 7,928 of September 3, 1945

## FAQs
**What is the primary purpose of Law No. 469/1948?**
The law was enacted specifically to establish the executability of Decree-Law No. 7,928, which had been issued on September 3, 1945. It functions to validate and enforce the provisions of that earlier decree within the Brazilian legal framework.

**Which government bodies and roles are central to this legislation?**
The statute explicitly focuses on the competencies of the President of Brazil and the Federal Senate of Brazil. It defines the legal standing and authority of these entities as stated in the text as "Presidente Da Republica" and "Senado."

**Where and in what language was this law originally published?**
The law was officially published in the city of Rio de Janeiro, which served as the capital of Brazil at the time. The text of the statute is written in Brazilian Portuguese, the official language of the country.

**How is this law identified in digital legal databases?**
In the LexML Brazil system, the law is uniquely identified by the URN: urn:lex:br:federal:lei:1948-11-05;469. This identifier allows for precise retrieval of the document within the national legal repository.

## Why It Matters
Law No. 469 of 1948 is significant because it bridges a critical gap in the enforcement of prior legislation, specifically Decree-Law No. 7,928 from 1945. By granting executability, the law ensures that the mandates, powers, or regulations established in the 1945 decree could be legally implemented and enforced by the executive and legislative branches. This type of legislation is essential for the continuity of governance, transforming a decree into an actionable legal reality.

The statute also highlights the constitutional relationship between the Presidency and the Federal Senate regarding specific competencies. By formally addressing these roles, the law clarifies the scope of authority for the "Presidente Da Republica" and the "Senado" in the context of the 1945 decree. This clarification is vital for legal certainty, ensuring that government actions taken under this authority are recognized as valid and binding.

Furthermore, as a federal statute published in Rio de Janeiro during the mid-20th century, it represents a specific moment in Brazil's post-war legal evolution. It serves as a documented link between the military-era decrees of the 1940s and the subsequent democratic legal structures. For legal historians and practitioners, it provides a concrete example of how Brazil managed the transition and validation of laws across different administrative periods.

## Notable For
- **Specific Legal Function:** It is the definitive instrument that granted executability to Decree-Law No. 7,928 of 1945.
- **Historical Context:** Enacted in 1948, it reflects the legal mechanisms used in Brazil shortly after the end of the Estado Novo and during the early years of the Fourth Republic.
- **Dual Focus:** The law uniquely addresses both the executive branch (President) and the legislative branch (Federal Senate) within a single statute.
- **Digital Preservation:** It is fully cataloged in the LexML Brazil system with a persistent URN identifier for long-term access.
- **Subject Specificity:** The text explicitly defines "Competencia" (competency) as a core subject, distinguishing it from general administrative laws.
- **Publication Location:** It was published in Rio de Janeiro, marking it as a product of the era when Rio was the national capital.

## Body

### Legal Identity and Classification
Law No. 469 of November 5, 1948, is classified as a **statute**, defined as a formal written document that creates law. It falls under the broader category of Brazilian federal legislation and is an instance of a legal norm. The document is structured as a written work and a rule, serving as the manifestation of statutory law within the Brazilian jurisdiction. Its primary function is to enact legal rules that are enforceable by the state. The law is part of the "Category:Act" in legal taxonomies and is recognized as a foundational legal concept similar to acts, executive orders, and by-laws.

### Legislative History and Origin
The genesis of this law lies in the need to validate **Decree-Law No. 7,928**, which was originally issued on September 3, 1945. The 1948 law was created to resolve the status of this earlier decree, ensuring it could be executed. The law was approved by the **Presidency of the Federative Republic of Brazil** on November 5, 1948, through the process of promulgation. This date marks the official point in time when the law came into effect. The legislative process involved the determination of competency regarding the President and the Senate, ensuring that the necessary authorities were aligned to enforce the 1945 decree.

### Subject Matter and Competency
The core subject matter of Law No. 469 revolves around the **competency** of specific government entities. The text explicitly identifies the **President of Brazil** (referred to in the source as "Presidente Da Republica") and the **Federal Senate of Brazil** (referred to as "Senado") as the primary subjects. It also addresses the role of the **President** (stated as "Presidente") in a general capacity. The law defines the scope of authority these bodies hold regarding the implementation of Decree-Law No. 7,928. By specifying these roles, the statute clarifies the division of power and responsibility required to execute the earlier decree.

### Publication and Metadata
The law was officially published in **Rio de Janeiro**, which was the capital of Brazil at the time of its enactment. The language of the work is **Brazilian Portuguese**, ensuring accessibility to the local legal community and the public. The document is assigned a unique identifier in the **LexML Brazil** system: `urn:lex:br:federal:lei:1948-11-05;469`. This URN serves as the standard reference for the law in digital repositories and legal databases. The legal citation for the text is formally recorded as **Lei nº 469/1948**.

### Digital Preservation and References
The existence and details of Law No. 469 are preserved in the **LexML Brazil** portal, a key resource for Brazilian federal legislation. The primary reference for the law's metadata was retrieved on **January 28, 2021**, from the URL `https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1948-11-05;469`. Additional references regarding the main subjects were accessed on **April 6, 2021**, and **April 10, 2021**. The law is also associated with the Wikidata entity **Q10317762**, which serves as a source for its law digest. These digital footprints ensure that the law remains accessible for research, legal citation, and historical analysis.

### Relationship to Broader Legal Concepts
As a statute, Law No. 469 is a subclass of "written work," "document," and "rule." It is distinct from general concepts of "legislation" but is caused by the act of legislation. The law is in the public domain, consistent with the "edict of government doctrine" which applies to official legal documents in Brazil and similar jurisdictions. This status ensures that the text is freely available to the public without copyright restrictions. The law is part of the broader ecosystem of Brazilian federal laws, contributing to the legal framework that governs the executive and legislative branches.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1948-11-05;469)
2. LexML Brasil