# Law No. 3447 of October 23, 1958

> Brazilian law

**Wikidata**: [Q105649320](https://www.wikidata.org/wiki/Q105649320)  
**Source**: https://4ort.xyz/entity/law-no-3447-of-october-23-1958

## Summary

Law No. 3447 of October 23, 1958 (Lei nº 3447/1958) is a Brazilian federal statute that amends provisions of the Civil Code (Código Civil). Promulgated by President Juscelino Kubitschek on October 23, 1958, in Rio de Janeiro, this law represents a legislative modification to Brazil's foundational civil legislation and is classified as a statute—a formal written document that creates law within the Brazilian legal system.

## Key Facts

- **Official Title:** Lei nº 3447, de 23 de outubro de 1958
- **Legal Citation:** Lei nº 3447/1958
- **Publication Date:** October 23, 1958
- **Place of Publication:** Rio de Janeiro
- **Promulgating Authority:** Presidency of the Federative Republic of Brazil
- **President:** Juscelino Kubitschek (point in time: 1958-10-23)
- **Country:** Brazil
- **Jurisdiction:** Brazil (applies_to_jurisdiction)
- **Language:** Brazilian Portuguese
- **Classification:** Statute (instance_of)
- **Subject Matter:** Change (Alteração) — legal norm (Normas)
- **Purpose:** Alters provisions of the Civil Code (ALTERA DISPOSIÇÕES DO CODIGO CIVIL)
- **LEXML Brazil ID:** urn:lex:br:federal:lei:1958-10-23;3447
- **Official Source URL:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3447.htm

## FAQs

**What is Law No. 3447 of October 23, 1958?**

Law No. 3447 of October 23, 1958 is a Brazilian federal law that modifies provisions of the Civil Code (Código Civil). It was enacted by President Juscelino Kubitschek and represents a legislative amendment within Brazil's civil law framework.

**When was Law No. 3447/1958 enacted?**

The law was promulgated on October 23, 1958, during the presidency of Juscelino Kubitschek. The official publication occurred in Rio de Janeiro, which served as Brazil's capital at that time.

**Who signed Law No. 3447/1958?**

The law was approved and promulgated by the Presidency of the Federative Republic of Brazil, specifically by President Juscelino Kubitschek, on October 23, 1958.

**What is the subject matter of Law No. 3447/1958?**

The law's primary subject is "change" (Alteração) and "legal norm" (Normas). Its core purpose, as indicated by its digest, is to alter provisions of the Brazilian Civil Code (ALTERA DISPOSIÇÕES DO CODIGO CIVIL).

**Where can Law No. 3447/1958 be accessed?**

The full text of the law is available through the official Brazilian government website at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3447.htm, and through the LexML legislative database at the URN urn:lex:br:federal:lei:1958-10-23;3447.

**What type of legal instrument is Law No. 3447/1958?**

Law No. 3447/1958 is classified as a statute—a formal written document that creates law. In the Brazilian legal system, it functions as a legislative enactment at the federal level, falling under the category of "legal norm" within the broader framework of statutory law.

## Why It Matters

Law No. 3447 of October 23, 1958 matters because it represents a specific legislative intervention in Brazil's Civil Code during a significant period in the country's legal development. The Civil Code (Código Civil) serves as the foundational legislation governing private law relationships in Brazil, including property rights, obligations, family law, and succession. Any amendment to this core legal instrument carries substantial implications for the legal framework governing Brazilian society.

The law was enacted during the Kubitschek presidency (1956-1961), a period marked by intense legislative activity as Brazil modernized its legal infrastructure. As a statute, Lei nº 3447/1958 exemplifies how the Brazilian legislative system modifies and updates its legal framework through formal written instruments that create law. The law's existence demonstrates the ongoing evolution of Brazilian civil law, reflecting the need to adapt foundational legal codes to changing social, economic, and legal circumstances.

Furthermore, this law exemplifies the classification of statutes as formal written documents that create law, serving as a manifestation of statutory law within the Brazilian legal system. Its status as a public legal document ensures transparency and accessibility, allowing citizens, legal practitioners, and scholars to reference and study the specific modifications made to the Civil Code during this period.

## Notable For

- **Civil Code Amendment:** One of the legislative instruments that modified Brazil's foundational Civil Code during the 1950s
- **Presidential Promulgation:** Enacted through the formal presidential promulgation process by Juscelino Kubitschek
- **Federal Statute Status:** Represents a formal federal law within Brazil's statutory hierarchy
- **Historical Legal Document:** Provides insight into the evolution of Brazilian civil law during the mid-20th century
- **Public Accessibility:** Officially archived and accessible through Brazilian government legislative databases

## Body

### Legislative Context and Classification

Law No. 3447 of October 23, 1958 is classified as a statute within the Brazilian legal system. A statute, as defined in legal knowledge systems, is a formal written document that creates law, encompassing acts, executive orders, and by-laws. This classification places Lei nº 3447/1958 within the category of legislative instruments that formally establish legal rules enacted by governmental authority.

The law functions as a manifestation of statutory law in Brazil, representing the concrete expression of legal rules rather than abstract legal theories. As a statute, it operates as part of the broader legal framework that includes the Civil Code it modifies, demonstrating the hierarchical relationship between foundational codes and amending legislation.

### Presidential Authority and Promulgation

The law was promulgated by the Presidency of the Federative Republic of Brazil, with President Juscelino Kubitschek serving as the authorizing authority on October 23, 1958. Presidential promulgation represents a critical step in the Brazilian legislative process, signifying official approval and the entry into force of the legislative instrument. This process reflects the presidential system of government in Brazil, where the President holds significant legislative powers including the authority to promulgate laws passed by the National Congress.

### Subject Matter and Legal Effect

The primary subject matter of Law No. 3447/1958 centers on "change" (Alteração) and "legal norm" (Normas). Specifically, the law's digest identifies its purpose as "ALTERA DISPOSIÇÕES DO CODIGO CIVIL" (Alters provisions of the Civil Code), indicating that this statute modifies specific articles or sections of Brazil's Civil Code.

The Civil Code (Código Civil) represents one of the most important legal instruments in Brazil, governing fundamental aspects of private law including:
- Property and ownership rights
- Obligations and contracts
- Family law
- Succession and inheritance
- Personal rights and legal capacity

By modifying provisions of this foundational code, Law No. 3447/1958 directly impacted the legal relationships and rights of Brazilian citizens, demonstrating the significant role that amending legislation plays in maintaining and updating a legal system.

### Publication and Official Records

The law was officially published in Rio de Janeiro, which served as Brazil's capital city until 1960 when the capital was transferred to Brasília. This publication in the official gazette or legislative records ensures the law's formal existence within the public legal record and establishes its effective date and applicability.

The official documentation includes:
- **LEXML Brazil ID:** urn:lex:br:federal:lei:1958-10-23;3447 — a unique identifier within Brazil's legislative XML database
- **Official Source URL:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3447.htm — maintained by the Presidency of the Republic
- **Legal Citation:** Lei nº 3447/1958 — the standard abbreviated reference used in legal practice

### Jurisdiction and Applicability

Law No. 3447/1958 applies to the jurisdiction of Brazil as a federal statute. As a federal law, it carries force throughout the national territory, affecting all individuals and entities subject to Brazilian law. The law was drafted in Brazilian Portuguese, reflecting the official language of Brazil and ensuring clarity for application within the domestic legal system.

### Historical Significance

Enacted in 1958, this law emerged during a transformative period in Brazilian history. The Kubitschek presidency (1956-1961) was characterized by significant modernization efforts, including the construction of Brasília and substantial economic development initiatives. The legislative activity during this period, including the passage of Law No. 3447, reflects the broader efforts to modernize and update Brazil's legal framework to support national development goals.

The mid-1950s and early 1960s represented a dynamic era in Brazilian civil law, with ongoing efforts to refine and adapt the legal framework to contemporary needs. Law No. 3447/1958 participates in this broader legislative evolution, demonstrating how the Brazilian legal system maintains flexibility through statutory amendments to its foundational codes.

### Relationship to Legal Concepts

As a statute, Law No. 3447/1958 relates to several broader legal concepts within the Brazilian legal knowledge system:

- **Statutory Law:** The law represents an expression of statutory law, which constitutes written law enacted by legislative authority, as opposed to case law or administrative regulations
- **Legal Norms:** The law itself constitutes a legal norm— a binding rule of conduct established by governmental authority
- **Civil Code Hierarchy:** The law operates within a hierarchical relationship with the Civil Code, demonstrating how foundational codes are amended through specific legislative instruments

### Accessibility and Legal Research

Law No. 3447/1958 remains accessible for legal research and reference through multiple official channels. The preservation of this law in digital format demonstrates Brazil's commitment to maintaining public access to its legislative history. Legal practitioners, scholars, and citizens can reference the full text to understand the specific modifications made to the Civil Code and their implications for current legal interpretation.

The law's inclusion in databases such as LexML and the official Presidential website ensures its continued availability as part of Brazil's legislative heritage, supporting ongoing legal education, scholarship, and practical application within the Brazilian legal system.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1958-10-23;3447)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3447&ano=1958&data=23/10/1958&ato=82eATUE90dRRVT7de)
3. LexML Brasil