# Law No. 3495 of December 21, 1958

> Brazilian law

**Wikidata**: [Q105648490](https://www.wikidata.org/wiki/Q105648490)  
**Source**: https://4ort.xyz/entity/law-no-3495-of-december-21-1958

## Summary
Law No. 3495 of December 21, 1958, is a Brazilian federal statute enacted during the presidency of Juscelino Kubitschek that regulates matters concerning the Federal District, specifically addressing real property, land, and gifts. As a formal written document creating law, it serves as a specific instance of statutory law within the Brazilian legal system, published in Rio de Janeiro and applicable nationwide. The law is officially cited as Lei nº 3495/1958 and remains accessible through the Brazilian government's digital legal archives.

## Key Facts
- **Full Title:** Lei nº 3495, de 21 de dezembro de 1958 (Law No. 3495, of December 21, 1958).
- **Date of Enactment:** December 21, 1958.
- **Country of Origin:** Brazil (Federative Republic of Brazil).
- **Jurisdiction:** Applies to the entire territory of Brazil.
- **Class/Type:** Statute (a formal written document that creates law).
- **Approving Authority:** Presidency of the Federative Republic of Brazil.
- **Promulgated By:** Juscelino Kubitschek (President at the time).
- **Main Subjects:** Federal District (Distrito Federal), Real Property (Imovel), Gifts (Doação), and Land (Terreno).
- **Language:** Brazilian Portuguese.
- **Place of Publication:** Rio de Janeiro.
- **Legal Citation:** Lei nº 3495/1958.
- **LexML Brazil ID:** urn:lex:br:federal:lei:1958-12-21;3495.
- **Official Online Source:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3495.htm.
- **Wikidata Description:** Brazilian law.
- **Reference Dates:** Source data retrieved from LexML and Presidency archives on January 28, 2021, and February 17, 2021.

## FAQs
**What is the primary subject matter of Law No. 3495/1958?**
This statute focuses on the administration and regulation of real property and land within the Federal District. It specifically governs the legal mechanisms regarding gifts (donations) of these properties, establishing the framework for how such assets are handled under federal jurisdiction.

**Who was responsible for approving and signing this law?**
The law was approved by the Presidency of the Federative Republic of Brazil and promulgated by President Juscelino Kubitschek. The act of promulgation occurred on the same day the law was enacted, December 21, 1958.

**Where can the official text of this law be accessed today?**
The full text is available online via the official Planalto government portal at the specific URL for laws between 1950 and 1969. Additionally, it is indexed in the LexML Brazil system, which provides a standardized digital identifier for the document.

**Does this law apply to the entire country or just the capital?**
While the main subjects of the law concern the Federal District, the statute itself applies to the jurisdiction of Brazil as a whole. It is a federal law, meaning it is part of the national legal code rather than a local municipal ordinance.

## Why It Matters
Law No. 3495 of 1958 is a critical component of the legal infrastructure governing the Federal District during a pivotal era in Brazilian history. Enacted under the administration of Juscelino Kubitschek, a period marked by the construction of Brasília and significant modernization efforts, this statute provided the necessary legal clarity for managing real property and land transfers. By defining the rules for gifts and real estate within the Federal District, the law ensured that the administration of the nation's capital could proceed with legal certainty regarding asset ownership and transfer.

The significance of this law extends to its role in the broader context of Brazilian statutory law, serving as a tangible manifestation of the government's authority to regulate property rights. It illustrates the legislative process of the late 1950s, where federal statutes were used to manage the transition and development of the capital region. For legal historians and property lawyers, this document represents a specific instance of how the Brazilian state formalized its control over land and assets in the Federal District. Its inclusion in major digital archives like LexML and Planalto ensures that the public and legal professionals maintain access to the original legal norms that shaped the district's early administrative framework.

## Notable For
- **Specific Subject Focus:** Uniquely targets the intersection of the Federal District, real property, and the legal concept of gifts (donations).
- **Historical Context:** Enacted during the presidency of Juscelino Kubitschek, a key figure in Brazil's mid-20th-century development.
- **Digital Preservation:** Assigned a permanent URN (urn:lex:br:federal:lei:1958-12-21;3495) within the LexML Brazil system for standardized identification.
- **Federal Scope:** Represents a federal-level intervention in the management of the Federal District's assets.
- **Longevity:** Remains a cited legal text nearly 70 years after its publication in 1958.
- **Official Accessibility:** Hosted on the official Planalto website, ensuring its status as a public domain government document.

## Body

### Definition and Legal Classification
Law No. 3495 of December 21, 1958, is classified as a **statute**, which is defined as a formal written document that creates law. In the taxonomy of legal concepts, it is an instance of a "legal term or legal concept" and a subclass of "written work," "document," and "rule." As a statute, it functions as the manifestation of statutory law, serving as the official record of legal rules enacted by the Brazilian government. The document is composed of legal norms and is distinct from general concepts of legislation by being the specific physical or formal expression of a legal rule. It falls under the broader category of "acts" passed by a legislature, specifically the National Congress of Brazil, and is part of the "legal act" family.

### Historical Context and Enactment
The law was created during a transformative period in Brazilian history, specifically on **December 21, 1958**. At this time, the head of state was **Juscelino Kubitschek**, who served as the President of the Federative Republic of Brazil. The law was approved by the **Presidency of the Federative Republic of Brazil** and promulgated on the same date. The enactment followed the standard legislative process, where draft laws were processed and caused by the act of legislation. The place of publication for this statute was **Rio de Janeiro**, which served as the capital of Brazil until the inauguration of Brasília in 1960. This timing places the law in the immediate pre-capital era, suggesting its relevance to the administrative transition or the management of federal assets prior to the full establishment of the new capital.

### Subject Matter and Scope
The primary focus of Law No. 3495 revolves around specific legal entities and concepts within the **Federal District** (Distrito Federal). The main subjects identified in the statute include:
- **Federal District:** The specific jurisdiction where the law's primary application regarding property is centered.
- **Real Property (Imovel):** The law addresses the legal status and handling of immovable assets.
- **Gifts (Doação):** A significant portion of the statute regulates the legal mechanisms of gifting, likely concerning the transfer of property rights.
- **Land (Terreno):** Specifically identified as a focus area, indicating regulations regarding land parcels within the district.

These subjects are interconnected, forming a legal framework for how the federal government manages, transfers, and regulates land and property assets in the capital region. The law acts as a specific instrument to define the rights and obligations associated with these assets, ensuring that the transfer of property via gifts adheres to federal standards.

### Jurisdiction and Applicability
The statute applies to the **jurisdiction of Brazil**, making it a federal law with nationwide validity, even though its specific subject matter targets the Federal District. As a federal statute, it supersedes local or municipal regulations in matters covered by its text. The law is written in **Brazilian Portuguese**, the official language of the country, and is binding on all entities and individuals within the Brazilian territory who interact with the specific real property and gift regulations outlined in the text. The legal citation for this text is **Lei nº 3495/1958**, which is the standard format used in Brazilian legal proceedings and academic references.

### Digital Identification and Archiving
In the modern digital landscape, Law No. 3495 is preserved and accessible through several authoritative systems:
- **LexML Brazil:** The law is assigned the unique identifier `urn:lex:br:federal:lei:1958-12-21;3495`, which allows for precise citation and retrieval in legal databases.
- **Planalto Government Portal:** The official text is hosted at `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3495.htm`, ensuring public access to the original document.
- **Wikidata:** The entity is documented with a description of "Brazilian law" and includes references to the LexML and Presidency archives.
- **References:** The data regarding this law has been verified and referenced in sources accessed on January 28, 2021, and February 17, 2021, from both LexML and the Presidency's legislative portal.

### Relationship to Broader Legal Concepts
Law No. 3495 is an example of how statutes function as the "concrete manifestation of statutory law." It is not merely an abstract concept but a tangible document that creates enforceable rules. As a statute, it is equivalent to the `https://schema.org/Legislation` class used in structured data, allowing for integration into web ontologies and knowledge graphs. The law is part of the "Category:Act" and is related to the broader concepts of "law" and "legal act." Its creation was preceded by "draft laws" and is a result of the legislative process, distinguishing it from executive orders or judicial rulings, although it shares the characteristic of being a formal written document that creates law.

### Public Domain and Accessibility
Consistent with the "edict of government doctrine," Law No. 3495 is considered to be in the **public domain**. As an official legal document enacted by the Brazilian government, it is not subject to copyright restrictions. This status ensures that the public, legal professionals, and researchers have unrestrained access to the text. The law is freely available through the Planalto portal and other government repositories, reinforcing the principles of open government and the rule of law. This accessibility is crucial for the enforcement and understanding of the regulations regarding real property and gifts in the Federal District.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1958-12-21;3495)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3495&ano=1958&data=21/12/1958&ato=0f5gXUU90dRRVTab2)