| Sortition Law | |
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| Citation | Law No. 1,860 of 4 January 1908 |
| Territorial extent | Brazil |
| Signed by | Afonso Pena |
| Effective | 8 January 1908 |
| Introduced by | Alcindo Guanabara |
| Summary | |
| Regulates enlistment and military lottery and reorganizes the army | |
The Sortition Law (Portuguese: Lei do Sorteio), officially Law No. 1,860 of 4 January 1908, introduced compulsory military service for the Brazilian Armed Forces. It was approved in 1906 but only de facto implemented in 1916, replacing forced recruitment - the antiquated "blood tribute" - and allowing the formation of a reserve. Sortition or draft lottery was the mechanism used for recruiting soldiers from 1916 to 1945, when it was replaced by general class call, which is the mandatory military service system in 21st century-Brazil. An earlier law of 1874 had already introduced the lottery, but it was not applied due to popular resistance. Also controversial, the 1908 law was one of the major military reforms of the First Brazilian Republic and had lasting effects on the Brazilian Army's relationship with the country's politics and society. The arguments advanced by lottery advocates in 1908–1916 remain the official justifications for conscription a century later.
Recruitment reform had been advocated by military officers and politicians since the 19th century. The old system was violent, inefficient and out of the army's control. As it was characteristic of a weak central power, local oligarchs (coronéis) abused it. Since military service was seen as degrading, there were not enough volunteers to fill the ranks and the police arrested the "dregs of society" to serve. Reformists saw the military lottery as the most modern and rational form of recruitment. Their reference was Europe, where since the Franco-Prussian War (1870–1871) states had permanent officer corps (and some enlisted men) and variable enlisted personnel; young men served for short periods as soldiers and were sent into a growing reserve, which could be quickly mobilized during war. As in theory all classes should participate, armies would be the "nation in arms" and the "school of nationality", conferring national unity.
A 1906 proposal, drafted by deputy Alcindo Guanabara, was finally approved in 1908, with support among officers, the urban middle class and marshal Hermes da Fonseca's administration at the Ministry of War, during the presidency of Afonso Pena. For military officers who discussed reform of the army and its poor performance in campaigns, there were clear reasons for reform: to fill in the gaps in the number of troops, form reserves and not fall behind countries like Argentina and Chile, which had already implemented compulsory military service from 1900 onwards. Intellectuals such as Olavo Bilac were more ambitious, seeing in it social leveling and discipline and education of the masses, a "civilizing mission" to be carried out by the officers. The law was controversial and faced opposition from a varied range of ideological perspectives, such as anarchists, and both in large cities and in the countryside. The labor movement, in particular, made anti-militaristic opposition. Popular opposition, budget cuts and loss of interest from the civilian elite meant that the lottery was not applied immediately.
Only the impact of the First World War and a public relations campaign, with lectures by Olavo Bilac, breathed new life to the law, and the first lottery was held in December 1916. Its implementation was associated with the creation of the Tiros de Guerra, which were an alternative to conventional military service, the reorganization of the order of battle, construction of barracks, softening of discipline, extinction of the National Guard, and other changes. In the following decades, the lottery suffered from administrative limitations and insubmission – thousands of men were drawn annually, but for years in a row the majority of those called for service did not comply. Insubmission was only solved with punitive measures requiring the enlistment certificate. Contrary to what the law's defenders expected, there was no social leveling, and the lower military ranks continued to be occupied by the lower classes. Still, the lottery was successful in attracting recruits, their selection became more judicious and the reputation of soldiers slowly improved. The army's strength grew from 18,000 men in 1915 to 93,000 in 1940, gradually strengthening the central power against local oligarchies. The army reached out to all of society and had a greater capacity to spread its ideology. The Brazilian Navy and the Brazilian Air Force (created in 1941) took less advantage of the lottery.