# Law No. 3401 of June 12, 1958

> Brazilian law

**Wikidata**: [Q105649178](https://www.wikidata.org/wiki/Q105649178)  
**Source**: https://4ort.xyz/entity/law-no-3401-of-june-12-1958

## Summary
Law No. 3401 of June 12, 1958 is a Brazilian federal statute enacted during the presidency of Juscelino Kubitschek that established the creation of a federal university in the state of Pernambuco. This formal legislative act, published in Rio de Janeiro and written in Brazilian Portuguese, represents a concrete manifestation of statutory law expanding Brazil's federal higher education system.

## Key Facts
- **Full Citation**: Lei nº 3401, de 12 de junho de 1958 (also cited as Lei nº 3401/1958)
- **Date of Enactment**: June 12, 1958
- **Promulgated By**: Presidency of the Federative Republic of Brazil under President Juscelino Kubitschek
- **Legal Classification**: Federal statute (lei federal), a formal written document that creates law and serves as a manifestation of statutory law
- **Primary Subject**: Creation of a federal university establishment in Pernambuco state
- **Jurisdiction**: Applies to the entire Federative Republic of Brazil, with specific focus on the State of Pernambuco (PE)
- **Language**: Brazilian Portuguese
- **Place of Publication**: Rio de Janeiro (then the capital of Brazil)
- **LexML Identifier**: urn:lex:br:federal:lei:1958-06-12;3401
- **Official Text URL**: Available at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3401.htm
- **Wikimedia Project**: On focus list of WikiProject Brazilian Laws
- **Document Type**: Subclass of written work, document, and rule; instance of legal term or legal concept
- **Main Subjects**: Federal university, creation, educational institution, higher education courses, Pernambuco state

## FAQs
**What did Law No. 3401 of June 12, 1958 accomplish?**
The law created a federal university in the state of Pernambuco, establishing a new federal educational institution to provide higher education courses. This represented an expansion of Brazil's federal university system into the northeastern region of the country.

**Who signed Law No. 3401 into effect and when?**
President Juscelino Kubitschek promulgated the law on June 12, 1958, during his administration's push for national development and educational expansion.

**Where can the full text of this law be accessed?**
The complete text is publicly available through the official Brazilian government portal at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3401.htm and is indexed in the LexML Brazil legal identifier system as urn:lex:br:federal:lei:1958-06-12;3401.

**What type of legal instrument is this law?**
It is a federal statute (lei federal), which is a formal written document that creates law in Brazil's legal system, distinct from executive orders or by-laws, and serves as the concrete manifestation of statutory law.

**Which jurisdiction does this law govern?**
The law applies to the entire Federative Republic of Brazil, though its specific implementation concerns the State of Pernambuco, where the federal university was established.

**Is this law protected by copyright?**
No, as an official legislative enactment of the Brazilian federal government, Law No. 3401 is in the public domain under the edict of government doctrine, which establishes that official legal documents are not copyrightable.

## Why It Matters
Law No. 3401 of June 12, 1958 matters because it represents a pivotal moment in Brazil's mid-20th century educational expansion, particularly during the developmentalist presidency of Juscelino Kubitschek (1956-1961). The creation of a federal university in Pernambuco addressed critical regional disparities in higher education access, bringing federal resources and standardized academic programs to Brazil's historically underserved Northeast region. This statute exemplified the federal government's active role in nation-building through educational infrastructure, a cornerstone of Kubitschek's broader development agenda that included the construction of Brasília and massive industrialization projects. By establishing a permanent federal institution rather than a temporary or state-level entity, the law ensured sustained federal investment in Pernambuco's human capital development, creating a legacy institution that would outlast individual political administrations. The law's publication in Rio de Janeiro, then Brazil's capital, underscores the centralized federal authority's direct involvement in regional educational planning. Its availability through modern digital archives like the Planalto website and LexML identifier system demonstrates Brazil's commitment to legal transparency and public access to legislative history. As part of WikiProject Brazilian Laws, the statute serves as a documented case study of how federal legislation systematically expanded Brazil's public university system from its traditional southeastern concentration toward greater national coverage. The law's focus on higher education courses specifically addressed the growing demand for skilled professionals during Brazil's rapid economic modernization, making it a key instrument in the country's long-term development strategy.

## Notable For
- **Presidential Era**: Enacted during Juscelino Kubitschek's presidency, a period known for ambitious development projects including the construction of Brasília and expansion of federal institutions
- **Regional Impact**: Specifically targeted Pernambuco state for federal university establishment, addressing educational gaps in Brazil's Northeast region
- **Permanent Legal Identifier**: Assigned a permanent LexML Brazil URN (urn:lex:br:federal:lei:1958-06-12;3401) for precise legal citation and digital retrieval
- **Digital Accessibility**: Text preserved and publicly accessible through the official Planalto government portal over 60 years after enactment
- **Systematic Classification**: Cataloged under WikiProject Brazilian Laws, indicating its significance in the corpus of Brazilian federal legislation
- **Multilingual Metadata**: Described in Wikidata as "Brazilian law" with structured metadata connecting it to broader legal and educational concepts
- **Publication Location**: Published in Rio de Janeiro, which served as Brazil's capital until 1960, marking one of the final major federal laws issued from that city before the capital's transfer to Brasília

## Body

### Legal Nature and Classification
Law No. 3401 of June 12, 1958 is a federal statute, which under Brazilian law represents a formal written document enacted by the national legislature and promulgated by the President. As a statute, it functions as a manifestation of statutory law and is classified as a subclass of written work, document, and rule. The law is composed of legal norms that create binding obligations within Brazil's jurisdiction. Its creation followed the legislative process from draft law through approval to final promulgation, resulting in statutory law that governs the establishment of federal educational institutions. The document is an instance of a legal term or legal concept, distinct from general notions of legislation while being caused by the legislative act itself.

### Enactment and Authority
The statute was approved by the Presidency of the Federative Republic of Brazil on June 12, 1958, with Juscelino Kubitschek serving as the determining authority through his presidential promulgation power. This enactment date places the law squarely within Kubitschek's developmentalist agenda, which prioritized educational infrastructure as a driver of national progress. The promulgation method followed standard Brazilian legislative procedure where approved bills become law upon presidential signature and official publication. The law carries the formal citation "Lei nº 3401/1958" and is identified in legal research systems by its LexML URN: urn:lex:br:federal:lei:1958-06-12;3401.

### Geographic and Jurisdictional Scope
While the law applies to the entire Federative Republic of Brazil as a federal statute, its substantive focus centers on the State of Pernambuco in Brazil's Northeast region. The legislation specifically authorized the creation of a federal university establishment within that state's boundaries, representing a deliberate policy to decentralize higher education resources beyond the traditional southeastern concentration. Brazil's federal structure, comprising 26 states plus a Federal District, allows for targeted federal interventions in specific states while maintaining nationwide legal applicability. The law's implementation in Pernambuco required coordination with state-level authorities and educational planners.

### Subject Matter and Purpose
The statute's main subjects cluster around educational institution creation: federal university, establishment of teaching institutions, higher education courses, and the state of Pernambuco. The law's stated purpose was the creation ("Criação") of a federal university, which would offer higher education curricula ("Curso Superior") as a permanent federal educational establishment ("Estabelecimento De Ensino"). This aligned with Brazil's strategy of building a network of federally-funded universities to standardize academic quality and expand access across socioeconomic and geographic divides. The law established the legal framework for funding, governance, and academic autonomy of this new institution within the federal university system.

### Publication and Preservation
The law was officially published in Rio de Janeiro, which remained Brazil's capital until April 1960 when the government completed its transfer to Brasília. Publication in the Diário Oficial da União from Rio de Janeiro gave the law immediate legal effect throughout the national territory. The original 1958 document has been digitally preserved and is available through multiple official channels. The primary source is the Planalto government portal at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3401.htm, which maintains the complete text as part of Brazil's open government initiative. The LexML Brazil system provides the permanent identifier urn:lex:br:federal:lei:1958-06-12;3401, enabling precise citation and machine-readable retrieval.

### Language and Terminology
The law is written entirely in Brazilian Portuguese, the official language of the Federative Republic of Brazil. The title uses the formal legislative convention "Lei nº 3401, de 12 de junho de 1958," which includes the law number, date, and month in Portuguese. The main subjects are described using Portuguese legal and educational terminology: "Universidade Federal" (federal university), "Criação" (creation), "Estabelecimento De Ensino" (educational establishment), "Estado De Pernambuco (Pe)" (State of Pernambuco), and "Curso Superior" (higher education courses). This linguistic specificity ensures precise interpretation within Brazil's legal system.

### Digital Identification and Metadata
The statute is cataloged in Wikidata with structured properties linking it to broader concepts. It is classified as an instance of "statute" and connected to Brazil as both its country of origin and the jurisdiction it governs. The law's main subjects are explicitly stated as federal university, creation, educational institution, Pernambuco, and higher education. It is included in the WikiProject Brazilian Laws, a Wikimedia initiative focused on documenting Brazilian legislation. The legal citation format "Lei nº 3401/1958" provides a shorthand reference used by lawyers, scholars, and government officials. The work is available at a stable URL maintained by the Brazilian federal government, ensuring long-term public access.

### Historical Context and Legacy
Enacted in 1958, this law emerged during a period of rapid Brazilian modernization and industrialization. President Kubitschek's "Plano de Metas" (Goals Plan) targeted energy, transportation, food, education, and basic industries. The creation of federal universities in states like Pernambuco directly supported the goal of educational development. The law predates Brazil's 1964-1985 military dictatorship, positioning it within the democratic period of the Second Brazilian Republic. Its survival through subsequent political regimes demonstrates the continuity of federal educational policy. The institution created by this law likely evolved into one of Brazil's current federal universities in Pernambuco, contributing to the state's academic and research capacity for over six decades.

### Relationship to Brazilian Legal Framework
As a federal statute, Law No. 3401 operates within Brazil's hierarchical legal system, subordinate to the Constitution but supreme over state and municipal laws within its subject matter. The law interacts with other federal legislation governing education, such as the Law of Guidelines and Bases of Education. Its creation authority stems from the federal government's constitutional power to establish and maintain federal educational institutions. The statute's legal norms concerning university governance, funding, and academic structure would have required subsequent implementing regulations (decretos regulamentares) to become fully operational. The law's permanence as a federal statute means it can only be modified or revoked by subsequent federal legislation, not by state or local action.

### Public Domain Status and Access Rights
Like all official Brazilian federal legislation, Law No. 3401 is in the public domain and not subject to copyright restrictions. Under the edict of government doctrine, which Brazil follows, official legal documents including legislative enactments, judicial decisions, and administrative rulings must remain freely accessible to all citizens. This status ensures that the text can be reproduced, distributed, and analyzed without legal limitation, supporting transparency and the rule of law. The law's availability on official government websites and its inclusion in open legal databases like LexML Brazil demonstrate this principle in practice. Researchers, students, and legal professionals can cite, quote, and analyze the law without seeking permission or paying fees.

### Connection to Federal University System
The law represents one of many statutes enacted between the 1940s and 1970s to establish Brazil's network of federal universities. Each federal university required its own founding legislation specifying location, governance structure, and academic mandate. The Pernambuco-focused law joined similar statutes creating federal universities in other states, building a nationwide system of publicly-funded, tuition-free higher education. These institutions operate under the Ministry of Education but maintain significant academic autonomy guaranteed by their founding laws. The statute's emphasis on "Curso Superior" (higher education courses) indicates its role in professional training and academic degree-granting authority.

### Administrative and Implementation Details
The law's enactment on June 12, 1958, set in motion an administrative process requiring the federal government to allocate resources, appoint initial administrators, and develop physical infrastructure for the new university. As a federal establishment, the institution would be funded through the national budget rather than state or local revenues. The law's creation of a federal university in Pernambuco required coordination with existing state-level educational institutions and likely involved the transfer or incorporation of local schools into the new federal system. The statute's broad language regarding "educational institution" and "higher education" gave subsequent administrators flexibility to develop specific academic programs responsive to regional needs while maintaining federal standards.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1958-06-12;3401)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3401&ano=1958&data=12/06/1958&ato=4edkXV650dRRVT51e)