# Law No. 3421 of July 10, 1958

> Brazilian law

**Wikidata**: [Q105649252](https://www.wikidata.org/wiki/Q105649252)  
**Source**: https://4ort.xyz/entity/law-no-3421-of-july-10-1958

## Summary
Law No. 3421 of July 10, 1958, is a Brazilian statute enacted during the presidency of Juscelino Kubitschek that established the National Port Fund (*Fundo Portuario Nacional*) and the Port Improvement Tax (*Taxa de Melhoramentos dos Portos*). Approved by the Presidency of the Federative Republic of Brazil, this legislation addresses the management, financial resources, planning, and execution of port infrastructure. It applies to the jurisdiction of Brazil and was published in Rio de Janeiro in Brazilian Portuguese.

## Key Facts
- **Legal Classification:** An instance of a **statute**, defined as a formal written document that creates law and serves as a manifestation of statutory law.
- **Enactment Date:** July 10, 1958.
- **Law Number:** 3421.
- **Approving Authority:** Presidency of the Federative Republic of Brazil (promulgation by Juscelino Kubitschek).
- **Place of Publication:** Rio de Janeiro, Brazil.
- **Official Language:** Brazilian Portuguese.
- **Primary Purpose:** Creates the National Port Fund and the Port Improvement Tax.
- **Jurisdiction:** Brazil (Federative Republic of Brazil).
- **Legal Citation:** Lei nº 3421/1958.
- **LexML ID:** `urn:lex:br:federal:lei:1958-07-10;3421`.
- **Official URL:** Available at `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3421.htm`.
- **Main Subjects:** Administration (management), financial resources, project (plan), port, government program, authorization, concessionaire, financing, criteria, application (use), creation, execution, incidence, destination, product (merchandise), debt collection, revenue, and goal.
- **Copyright Status:** As a statute, it is a public domain document in the United States under the "edict of government doctrine" and generally in France, as it is an official legal document.
- **WikiProject:** Listed on the focus list of WikiProject Brazilian Laws.

## FAQs
**What is the primary function of Law No. 3421/1958?**
The law's primary function is to create the National Port Fund (*Fundo Portuario Nacional*) and the Port Improvement Tax (*Taxa de Melhoramentos dos Portos*), while also providing other provisions related to port administration and financial management.

**Who enacted Law No. 3421 of July 10, 1958?**
The law was approved by the Presidency of the Federative Republic of Brazil. The determination method was promulgation, and the specific presidential authority at the time was Juscelino Kubitschek.

**Where does this law apply and in what language was it written?**
This law applies to the jurisdiction of Brazil. It was written in Brazilian Portuguese and officially published in Rio de Janeiro.

**What specific topics does the law cover?**
The law covers a wide range of subjects including management, financial resources, planning, ports, government programs, authorization, financing, criteria for application, creation, execution, tax incidence, destination of funds, merchandise, debt collection, and revenue goals.

**Is the text of this law copyrighted?**
No, as a statute, it is considered a public domain document. Under the "edict of government doctrine," official legal documents like legislative enactments are not subject to copyright in jurisdictions such as the United States and France.

## Why It Matters
Law No. 3421 of July 10, 1958, is significant because it established the financial and administrative framework for Brazil's port infrastructure through the creation of the National Port Fund. By instituting the Port Improvement Tax, the law provided a dedicated revenue mechanism (revenue) aimed at financing the betterment and execution of port projects. This legislation is crucial for understanding the historical development of Brazilian logistics and trade infrastructure, as it formalized the criteria, authorization, and management of resources necessary for port operations. As a formal statute, it also represents the tangible manifestation of statutory law in Brazil, serving as a definitive, accessible legal record that governs the relationship between government programs, concessionaires, and the financial application of resources in the maritime sector.

## Notable For
- **Establishment of Financial Mechanisms:** Notable for creating the National Port Fund (*Fundo Portuario Nacional*) and the Port Improvement Tax (*Taxa de Melhoramentos dos Portos*).
- **Presidential Context:** Enacted during the administration of President Juscelino Kubitschek, a key figure in Brazil's history.
- **Comprehensive Scope:** Covers a broad spectrum of legal and financial topics, ranging from debt collection and incidence to the definition of merchandise and the establishment of government programs.
- **Legal Classification:** Recognized as a "statute," placing it within the foundational class of legal documents that are globally standardized and exempt from copyright restrictions.
- **Digital Accessibility:** Maintains a persistent digital identifier via LexML and is hosted on the official Brazilian government portal (`planalto.gov.br`).

## Body

### Legislative Identity and Classification
Law No. 3421 of July 10, 1958, is classified as a **statute**, a legal term defined as a formal written document that creates law. As a subclass of "written work" and "document," it functions as the concrete manifestation of statutory law within the Brazilian legal system. This classification aligns it with global standards, such as the `https://schema.org/Legislation` equivalent class. Like other statutes, it is composed of legal norms and is distinct from abstract legal concepts, serving instead as the official record of the rules enacted by the government. Due to its nature as an official legislative enactment, the document is in the public domain in the United States (per the edict of government doctrine) and France, ensuring unrestrained public access to the legal text.

### Enactment and Authority
The law was enacted on July 10, 1958, through a process of promulgation by the Presidency of the Federative Republic of Brazil. The specific executive authority involved was Juscelino Kubitschek, who served as the President during this period. The place of publication for this legal document was Rio de Janeiro, which was the capital of Brazil at the time (the capital was moved to Brasília in 1960). The official title of the legislation is "Lei nº 3421, de 10 de julho de 1958," and it is legally cited as "Lei nº 3421/1958."

### Content and Scope
The core content of Law No. 3421 is encapsulated in its legal digest: "CRIA O FUNDO PORTUARIO NACIONAL A TAXA DE MELHORAMENTOS DOS PORTOS E DA OUTRAS PROVIDENCIAS" (Creates the National Port Fund, the Port Improvement Tax, and provides other measures). The law addresses a complex array of subjects categorized under management, financial resources, and planning. Specifically, it governs:
- **Administration and Management:** Defined as "Administração," overseeing the execution ("Execução") of port-related projects.
- **Financial Resources:** Covers "Recursos Financeiros" (financial resources), "Financiamento" (funding), "Receita" (revenue), and "Cobrança" (debt collection).
- **Planning and Goals:** Establishes "Projeto" (project), "Programa" (government program), and "Objetivo" (goal).
- **Operational Details:** Sets "Criterios" (criteria) for the "Aplicação" (use) of funds and the "Destinação" (destination) of resources.
- **Regulatory Framework:** Defines "Incidencia" (incidence) of taxes, "Autorização" (authorization) for concessions ("Concessionaria"), and the handling of "Mercadoria" (product/merchandise).

### Jurisdictional Context
As a federal law, this statute applies to the jurisdiction of Brazil, the largest country in South America and the fifth-largest nation in the world by area. Brazil operates as a federal republic with a presidential system and a representative democracy. The law is written in Brazilian Portuguese, the official language of the country, which is spoken by the majority of its approximately 213 million people. The legislation operates within the broader Brazilian legal framework, which is governed by the Constitution of the Federative Republic of Brazil. The country's extensive geography, including its vast Atlantic coastline and major river basins like the Amazon, necessitates robust port legislation to manage the flow of goods and resources.

### Technical Identifiers and Access
The law is cataloged with several technical identifiers to facilitate its retrieval and reference in legal databases:
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1958-07-10;3421`
- **Official URL:** `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3421.htm`
- **WikiProject:** It is tracked by the WikiProject Brazilian Laws, indicating its relevance in the encyclopedic documentation of the country's legal history.

These identifiers ensure that the statute is integrated into the global knowledge graph, maintaining properties such as its country of origin (Brazil), language (Brazilian Portuguese), and publication date.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1958-07-10;3421)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3421&ano=1958&data=10/07/1958&ato=0d0o3a650dRRVT2e3)
3. LexML Brasil