# Law No. 3238 of August 1, 1957

> Brazilian law

**Wikidata**: [Q105649008](https://www.wikidata.org/wiki/Q105649008)  
**Source**: https://4ort.xyz/entity/law-no-3238-of-august-1-1957

## Summary
**Law No. 3238 of August 1, 1957** is a Brazilian federal statute that alters provisions of the Law of Introduction to the Civil Code (Lei de Introdução ao Código Civil). Promulgated by President Juscelino Kubitschek and published in Rio de Janeiro, it establishes legal norms concerning competency, definitions, the status of foreigners, and international matters. The law is a formal legal document written in Brazilian Portuguese that applies to the jurisdiction of Brazil.

## Key Facts
- **Official Title:** Lei nº 3238, de 1 de agosto de 1957
- **Type:** Statute (formal written document that creates law)
- **Country:** Brazil
- **Publication Date:** August 1, 1957
- **Place of Publication:** Rio de Janeiro
- **Approved By:** Presidency of the Federative Republic of Brazil (Juscelino Kubitschek)
- **Determination Method:** Promulgation
- **Law Digest:** ALTERA DISPOSIÇÕES DA LEI DE INTRODUÇÃO AO CODIGO CIVIL (Alters provisions of the Law of Introduction to the Civil Code)
- **Main Subjects:** Competency, Foreigner, Rest of the World (Exterior), Definition, Decision, Brazil, Change, Legal Norm
- **Applies to Jurisdiction:** Brazil
- **Language:** Brazilian Portuguese
- **Legal Citation:** Lei nº 3238/1957
- **Lexml Brazil ID:** urn:lex:br:federal:lei:1957-08-01;3238
- **Available Online At:** https://www.planalto.gov.br/ccivil_03/leis/l3238.htm

## FAQs
**What is the primary purpose of Law No. 3238 of 1957?**
The law's main purpose is to alter provisions of the Law of Introduction to the Civil Code (Lei de Introdução ao Código Civil) in Brazil. It addresses specific legal subjects including competency, definitions concerning foreigners, and matters related to international issues (exterior).

**Who approved Law No. 3238 and when was it enacted?**
The law was approved by the Presidency of the Federative Republic of Brazil under President Juscelino Kubitschek. It was promulgated and published on August 1, 1957.

**To whom and where does Law No. 3238 apply?**
This statute applies to the jurisdiction of Brazil as a federal law. It was published in Rio de Janeiro, which was the federal capital at the time, and is written in Brazilian Portuguese.

**What specific legal subjects does Law No. 3238 address?**
The law covers several key subjects: competency (legal authority), foreigners (non-citizens), the rest of the world (exterior/international matters), definitions, decisions (fixação), changes, and general legal norms.

**Where can the full text of Law No. 3238 be accessed?**
The full text is available online at the official Planalto Palace website (https://www.planalto.gov.br/ccivil_03/leis/l3238.htm). It is also indexed in the Brazilian Lexml system with the identifier urn:lex:br:federal:lei:1957-08-01;3238.

**What type of legal document is Law No. 3238?**
It is formally classified as a statute—a formal written document that creates law. As a statute, it is considered a subclass of "written work," "document," and "rule," and serves as a manifestation of statutory law containing legal norms.

## Why It Matters
Law No. 3238 of August 1, 1957, represents a significant modification to Brazil's foundational legal framework. By altering the Law of Introduction to the Civil Code (Lei de Introdução ao Código Civil), it directly impacted the normative rules that govern how Brazilian civil law is interpreted, applied, and integrated. The Law of Introduction to the Civil Code is a critical component of Brazil's legal infrastructure, establishing principles for the application of legal norms in both time and space, as well as rules for conflict of laws.

The statute's specific focus on subjects such as "foreigner" (estrangeiro) and "rest of the world" (exterior) indicates its role in refining Brazil's approach to private international law and the legal treatment of non-citizens. Such modifications have broad implications for civil rights, legal obligations, and judicial proceedings involving international elements or foreign nationals within Brazilian territory.

Enacted during the Juscelino Kubitschek administration—a period marked by rapid modernization and the "fifty years of progress" slogan—this law reflects the legal adaptations necessary during an era of significant national development and increased global engagement. It demonstrates how Brazilian statutory law evolves to address changing societal requirements and international relationships.

## Notable For
- **Amending Foundational Legal Texts:** Specifically modifies the Law of Introduction to the Civil Code, a cornerstone of Brazilian legal interpretation and application.
- **Kubitschek Era Legislation:** Enacted during the presidency of Juscelino Kubitschek (1956–1961), a transformative period in Brazil's 20th-century economic and political development.
- **Focus on Private International Law:** Addresses subjects including "foreigner" and "exterior," positioning it within the domain of laws governing cross-border legal issues and the status of aliens.
- **Rio de Janeiro Publication:** Published in Rio de Janeiro, which served as Brazil's federal capital until 1960, marking it as a product of the pre-Brasília political era.
- **Digital Preservation:** Maintained in the official Brazilian government portal (planalto.gov.br), ensuring continued public access to this historical legal document.
- **Structured Legal Identification:** Possesses a formal Lexml Brazil ID (urn:lex:br:federal:lei:1957-08-01;3238), integrating it into Brazil's standardized legal knowledge management system.
- **Wikimedia Recognition:** Included in the focus list of WikiProject Brazilian Laws, acknowledging its relevance for structured knowledge curation.

## Body

### Legislative Classification and Nature

Law No. 3238 of August 1, 1957, is formally classified as a **statute** (estatuto). In legal taxonomy, a statute is a formal written document that creates law, encompassing acts, executive orders, and by-laws. As an instance of a statute, this law falls under the broader category of a legal act and is classified as a subclass of "written work," "document," and "rule."

The document serves as a manifestation of statutory law and contains legal norms as its constituent parts. Its creation followed the standard legislative process, preceded by draft laws and caused by the act of legislation itself. Consistent with the "edict of government doctrine," this statute is in the public domain as an official legal document, similar to the copyright status of statutes in jurisdictions like the United States and France.

### Historical and Political Context

The law was promulgated on **August 1, 1957**, during a pivotal period in Brazilian political history.

- **Approving Authority:** The statute was approved by the **Presidency of the Federative Republic of Brazil** (Presidência da República Federativa do Brasil).
- **President:** The head of state at the time was **Juscelino Kubitschek**, who served as President of Brazil from 1956 to 1961. His presidency is historically significant for its ambitious development agenda, most notably the construction of Brasília as the new federal capital.
- **Place of Publication:** The law was published in **Rio de Janeiro**, which remained the capital of Brazil until April 21, 1960. This situates the law firmly within the final years of Rio de Janeiro's status as the nation's political center.

### Legal Scope and Subject Matter

The primary function of Law No. 3238 is explicitly stated in its law digest: **"ALTERA DISPOSIÇÕES DA LEI DE INTRODUÇÃO AO CODIGO CIVIL"** (Alters provisions of the Law of Introduction to the Civil Code). The Law of Introduction to the Civil Code (Decreto-Lei nº 4.657/1942) serves as a normative act establishing fundamental rules for the application, interpretation, and integration of Brazilian law.

The law's defined main subjects provide detailed insight into its scope:

- **Competency (Competencia):** Addresses the legal authority or jurisdiction of courts and governmental bodies to make legal decisions and exercise power.
- **Foreigner (Estrangeiro):** Pertains to the legal status, rights, obligations, and treatment of non-Brazilian citizens within the national territory.
- **Rest of the World (Exterior):** Involves matters concerning international elements, private international law principles, and conflicts of law across national borders.
- **Definition (Definição):** The law provides or modifies legal definitions within the context of the Civil Code's introductory provisions.
- **Decision (Fixação):** Relates to the establishment, determination, or formalization of legal rules and standards.
- **Brazil (Brasil):** The national context is central, with the law applying specifically to the Brazilian jurisdiction.
- **Change (Alteração):** Its fundamental function is the modification of existing legal text within the Law of Introduction to the Civil Code.
- **Legal Norm (Normas):** Concerns the creation, modification, or clarification of binding legal rules.

### Official Identification and Access Systems

The law is indexed through multiple official identification systems that ensure its verifiability and accessibility:

- **Legal Citation:** Formally cited as **Lei nº 3238/1957** in legal documents and references.
- **Full Official Title:** Lei nº 3238, de 1 de agosto de 1957.
- **Lexml Brazil ID:** The unique identifier in the Brazilian Legal XML system is **urn:lex:br:federal:lei:1957-08-01;3238**. This Uniform Resource Name provides a persistent, unambiguous reference to the legal text within Brazil's structured legal knowledge base.
- **Online Availability:** The complete text is accessible through the official website of the Planalto Palace at **https://www.planalto.gov.br/ccivil_03/leis/l3238.htm**.
- **Language of Work:** The law is written in **Brazilian Portuguese**, the official language of Brazil.
- **Wikimedia Project Integration:** It is included on the focus list of **WikiProject Brazilian Laws**, indicating its recognized importance for structured knowledge curation on collaborative platforms including Wikipedia and Wikidata.

### Jurisdiction and Territorial Application

Law No. 3238 applies to the entire jurisdiction of **Brazil**. As a federal statute (designated as "federal:lei" in its Lexml identifier), it was enacted by the Union (the federal government) and has legal effect throughout the entire national territory, binding all Brazilian states and municipalities.

The law's explicit connection to subjects such as "foreigner" (estrangeiro) and "exterior" (rest of the world) underscores its function in harmonizing Brazilian domestic legal principles with international contexts. This positions the statute within the framework of private international law, addressing how Brazilian legal norms interact with foreign elements and cross-border situations.

### Related Legal Concepts

The statute relates to several foundational legal concepts:

- **Statutory Law:** As a statute, it contributes to the body of written law enacted by legislative authority, distinct from common law or regulatory provisions.
- **Legal Norms:** The document contains and modifies legal norms—the binding rules that govern conduct and provide standards for judicial decision-making.
- **Civil Code Framework:** By amending the Law of Introduction to the Civil Code, it affects the interpretive framework applied to Brazil's broader civil law system.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1957-08-01;3238)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3238&ano=1957&data=01/08/1957&ato=08eETWE9UMNRVT021)
3. LexML Brasil