# Law No. 3494 of December 19, 1958

> Brazilian law

**Wikidata**: [Q105648488](https://www.wikidata.org/wiki/Q105648488)  
**Source**: https://4ort.xyz/entity/law-no-3494-of-december-19-1958

## Summary
Law No. 3494 of December 19, 1958, is a Brazilian statute enacted to extend the validity of the 1950 Tenancy Law (Law No. 1.300). Promulgated by President Juscelino Kubitschek, this formal legal document establishes regulations concerning rental contracts, rent increases, and the duration of existing housing norms within the Brazilian jurisdiction.

## Key Facts
- **Full Title:** Lei nº 3494, de 19 de dezembro de 1958.
- **Country of Origin:** Brazil.
- **Date of Promulgation:** December 19, 1958.
- **Approving Authority:** Presidency of the Federative Republic of Brazil, specifically signed by Juscelino Kubitschek.
- **Primary Function:** Prorogation of Law No. 1.300 of December 28, 1950 (the "Lei do Inquilinato" or Tenancy Law).
- **Legal Classification:** Statute (formal written document/rule).
- **Language:** Brazilian Portuguese.
- **Place of Publication:** Rio de Janeiro, Brazil.
- **Main Subjects:** Contract (Contrato), Increase (Aumento), Limitation (Limitação), Prorogation (Prorrogação), and Validity (Vigência).
- **Digital Identifier:** LexML Brazil ID `urn:lex:br:federal:lei:1958-12-19;3494`.
- **Official Repository:** Available via the Planalto (Presidency) website.
- **Project Association:** WikiProject Brazilian Laws.

## FAQs
**What is the primary purpose of Law No. 3494 of 1958?**
The law was created to extend the legal effectiveness of Law No. 1.300, which was enacted in 1950 to regulate tenancies in Brazil. It ensures the continued application of rules governing rental agreements, specifically addressing contract validity and rent increases.

**Who was the head of state responsible for approving this law?**
President Juscelino Kubitschek approved and promulgated Law No. 3494 on December 19, 1958. This occurred during his term as the leader of the Federative Republic of Brazil, a period noted for significant national development.

**Where can the official text of Law No. 3494 be found?**
The full text is available through the official portal of the Presidency of Brazil (planalto.gov.br) and is indexed in the LexML Brazil network. It is cataloged under the legal citation Lei nº 3494/1958.

## Why It Matters
Law No. 3494 is a significant instrument in the history of Brazilian civil and property law. By extending the "Lei do Inquilinato," the government maintained a standardized legal framework for urban housing and commercial rentals during the late 1950s. This provided essential stability for both landlords and tenants regarding contract limitations and rent adjustments. As a formal statute, it represents the tangible manifestation of statutory law, serving as a definitive reference point for the Brazilian judiciary and the public. Furthermore, its inclusion in the WikiProject Brazilian Laws highlights its continued relevance as a foundational document in the country's legislative record.

## Notable For
- **Tenancy Law Extension:** It is specifically recognized for the prorogation of Law No. 1.300/1950, preventing the expiration of critical rental regulations.
- **Kubitschek Era Legislation:** The law was enacted under the administration of Juscelino Kubitschek, the president who famously initiated the construction of Brasília.
- **Pre-Brasília Publication:** It was published in Rio de Janeiro, which served as the capital of Brazil until the administrative move to Brasília in 1960.
- **Public Domain Status:** As an official legislative enactment of the Brazilian government, it is a public document intended for unrestrained access and is not subject to standard copyright restrictions.

## Body

### Legal Classification and Nature
Law No. 3494 is classified as a **statute**, which is a formal written document that creates law. In the hierarchy of legal concepts, it is a subclass of "written work," "document," and "rule." It serves as a manifestation of statutory law and is composed of specific legal norms. Like other statutes, its creation followed the processing of draft laws and was caused by the formal act of legislation within the Brazilian federal republic.

### Historical Context and Approval
The law was promulgated on **December 19, 1958**. At this time, Brazil was a federal republic with its seat of government in **Rio de Janeiro**. The document was approved by **President Juscelino Kubitschek**, who held the presidency from 1956 to 1961. This period was characterized by the "Empire of Brazil" having long since transitioned into a representative democracy, with the 1958 legal environment operating under the constitutional frameworks preceding the 1988 Constitution.

### Core Provisions and Subject Matter
The central digest of Law No. 3494 is the prorogation of the validity of **Law No. 1.300 of December 28, 1950**. Law No. 1.300 is historically known as the **Lei do Inquilinato** (Tenancy Law). Law No. 3494 provided "other measures" alongside this extension, focusing on five primary legal subjects:
- **Prorogation (Prorrogação):** Extending the timeframe in which the 1950 tenancy rules remained active.
- **Validity (Vigência):** Defining the period during which the legal norms were enforceable.
- **Contract (Contrato):** Regulating the formal agreements between parties in a tenancy.
- **Increase (Aumento):** Addressing the legal limits and conditions for raising rent.
- **Limitation (Limitação):** Setting boundaries on legal claims or contractual obligations.

### Jurisdiction and Language
The law applies exclusively to the jurisdiction of **Brazil**, a country that occupies approximately 47% of South America's land area. The official language of the document is **Brazilian Portuguese**. As a federal law, it held authority over all states and the Federal District (then located in Rio de Janeiro).

### Digital Identification and Metadata
In modern legal databases, Law No. 3494 is identified by several standardized markers:
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1958-12-19;3494`.
- **Legal Citation:** Lei nº 3494/1958.
- **Web Access:** The work is available at the official Planalto government URL (`https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3494.htm`).
- **Wikimedia Project:** It is a focus of **WikiProject Brazilian Laws**, an initiative to document and organize the legislative history of the nation.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1958-12-19;3494)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3494&ano=1958&data=19/12/1958&ato=7f4QTTU90dRRVT6a6)
3. LexML Brasil