# Law No. 3740 of April 4, 1960

> Brazilian law

**Wikidata**: [Q105648734](https://www.wikidata.org/wiki/Q105648734)  
**Source**: https://4ort.xyz/entity/law-no-3740-of-april-4-1960

## Summary
Law No. 3740 of April 4, 1960 is a Brazilian federal statute enacted to waive the statute of limitations for a specific military reform request. It relieves the prescription period for the rights to a reform (retirement) due to physical incapacity for former Brazilian Army Sergeant Izaias Alcantara. The law was promulgated by President Juscelino Kubitschek and applies to the jurisdiction of Brazil.

## Key Facts
- **Official Title:** Lei nº 3740, de 4 de abril de 1960 (Law No. 3740 of April 4, 1960).
- **Type of Legal Instrument:** Statute (formal written document creating law).
- **Subject Matter:** Rights (*Direitos*) and Military (*Militar*).
- **Primary Purpose:** Relieves the prescription period (statute of limitations) for the right to reform due to physical incapacity.
- **Beneficiary:** Izaias Alcantara, a former Sergeant (*Ex-Sargento*) of the Brazilian Army (*Exército*).
- **Enacting Authority:** Presidency of the Federative Republic of Brazil, promulgated by President Juscelino Kubitschek.
- **Date of Promulgation:** April 4, 1960.
- **Jurisdiction:** Brazil.
- **Place of Publication:** Rio de Janeiro.
- **Language:** Brazilian Portuguese.
- **Legal Citation:** Lei nº 3740/1960.
- **Lexml Brazil ID:** `urn:lex:br:federal:lei:1960-04-04;3740`.
- **Official URL:** Available at `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3740.htm`.

## FAQs
**What is the specific purpose of Law No. 3740 of April 4, 1960?**
This law serves to "relieve the prescription" (*releva a prescrição*), meaning it waives the statute of limitations that had expired on a specific legal claim. It specifically authorizes the granting of a military reform (retirement) due to physical incapacity for a former Army Sergeant named Izaias Alcantara.

**Who signed Law No. 3740 into effect?**
The law was approved and promulgated by the Presidency of the Federative Republic of Brazil. The specific head of state responsible for signing it on April 4, 1960, was President Juscelino Kubitschek.

**To whom does this law apply?**
Legally, the law applies to the jurisdiction of Brazil as a federal statute. Specifically, it targets the case of Izaias Alcantara, an ex-Sergeant of the Brazilian Army, to secure his rights to a military pension reform.

## Why It Matters
Law No. 3740 of April 4, 1960 matters as a specific example of "private law" or "special legislation" (laws enacted for a named individual) within the broader Brazilian legal system. While most laws establish general rules for society, this statute intervenes to correct a procedural issue—specifically, the expiration of a statute of limitations—for a single citizen, Izaias Alcantara. It demonstrates the legislative branch's power to make exceptions to procedural bars (like prescription) in the interest of equity for military personnel. As a formal statute, it represents a manifestation of statutory law, exercising government authority to resolve an individual administrative dispute regarding physical incapacity and pension rights.

## Notable For
- **Specific Individual Legislation:** Unlike general laws, this statute is notable for targeting a single individual, Izaias Alcantara, to restore his legal rights.
- **Waiver of Prescription:** It is an example of a law explicitly overriding the statute of limitations (*releva a prescrição*), a unique legal mechanism to allow a late claim.
- **Military Context:** The law highlights specific administrative processes regarding physical incapacity (*incapacidade fisica*) within the Brazilian Army.
- **Historical Timing:** Enacted on April 4, 1960, just weeks before the inauguration of Brasília, it was published in Rio de Janeiro, the capital at the time.

## Body

### Legal Definition and Classification
Law No. 3740 of April 4, 1960, is classified as a **statute**—a formal written document that creates law. It is an instance of a legal term or concept and functions as a manifestation of statutory law. As a subclass of written work, document, and rule, it serves as the official record of a legal rule enacted by the Brazilian government.

### Subject Matter and Function
The law addresses specific themes of **rights** (*Direitos*) and the **military** (*Militar*). Its primary function is administrative and corrective. By relieving the prescription of the right to reform, it removes the legal barrier of time expiration. This allows for the administrative processing of a reform (retirement) based on physical incapacity. Structurally, this legal act contains a legal norm that overrides the previous limitation period for the specified case.

### Key Figures and Entities
- **Beneficiary:** The law explicitly names **Izaias Alcantara** as the subject of the legal relief.
- **Military Branch:** The beneficiary is identified as an ex-Sergeant of the **Brazilian Army** (*Exército*).
- **Approving Authority:** The law was enacted by the **Presidency of the Federative Republic of Brazil**. The promulgation method was utilized by President **Juscelino Kubitschek**.
- **Jurisdiction:** The law applies to the jurisdiction of **Brazil**.

### Historical and Publication Context
The statute was officially promulgated and published on **April 4, 1960**. This date places it in a pivotal moment in Brazilian history, as the country was transitioning its capital from Rio de Janeiro to Brasília (which occurred later that month on April 21, 1960). Consistent with this, the **place of publication** is listed as **Rio de Janeiro**, which was still the federal capital at the time. The law is written in **Brazilian Portuguese**.

### Access and Identification
The full text of the law is accessible to the public as part of the public domain, adhering to the edict of government doctrine. It can be accessed via the official Planalto Palace website at `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3740.htm`. The law is indexed under the **Lexml Brazil ID** `urn:lex:br:federal:lei:1960-04-04;3740` and carries the standard legal citation **Lei nº 3740/1960**. It is tracked on the WikiProject Brazilian Laws focus list.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1960-04-04;3740)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3740&ano=1960&data=04/04/1960&ato=5d6cXWq50dVRVTe57)
3. LexML Brasil