# Law No. 3752 of April 14, 1960

> Brazilian law

**Wikidata**: [Q105648757](https://www.wikidata.org/wiki/Q105648757)  
**Source**: https://4ort.xyz/entity/law-no-3752-of-april-14-1960

## Summary
Law No. 3752 of April 14, 1960 is a Brazilian statute enacted by President Juscelino Kubitschek that established norms for convening the Constituent Assembly of the State of Guanabara and provided other related provisions. It represents a formal legal instrument in Brazil's legislative history, addressing administrative organization, employee nominations, and competency frameworks within the federal government structure.

## Key Facts
- **Title:** Lei nº 3752, de 14 de abril de 1960 (Law No. 3752 of April 14, 1960)
- **Type:** Federal statute (instance of "statute" legal concept)
- **Enactment Date:** April 14, 1960
- **Approved By:** Presidency of the Federative Republic of Brazil (President Juscelino Kubitschek)
- **Publication Location:** Rio de Janeiro (then capital of Brazil)
- **Jurisdiction:** Applies to Brazil (federal level)
- **Language:** Brazilian Portuguese
- **Main Subjects:** Nomination processes, time limits, employee regulations, competency frameworks, Federal Government organization, State of Guanabara administration, legal norms, legislative procedures, transfers, organizational composition, and creation processes
- **LexML Brazil ID:** urn:lex:br:federal:lei:1960-04-14;3752
- **Official Citation:** Lei nº 3752/1960
- **Digital Availability:** Full text available at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3752.htm
- **Related Entity:** State of Guanabara (special administrative division that existed from 1960-1975)
- **Historical Context:** Enacted during Brazil's capital transition period (Rio de Janeiro to Brasília)
- **Legal Classification:** Part of Brazil's federal legislation corpus
- **WikiProject:** Brazilian Laws

## FAQs
**What is the primary purpose of Law No. 3752 of April 14, 1960?**
Law No. 3752 of 1960 primarily established the normative framework for convening the Constituent Assembly of the State of Guanabara, which was created when Rio de Janeiro ceased to be Brazil's federal capital. The law addressed procedural requirements, time limits, and organizational structures necessary for this transitional political process.

**Who approved this law and when?**
The law was approved by President Juscelino Kubitschek on April 14, 1960, during the final year of his presidency. Kubitschek was the president who initiated and oversaw the construction of Brasília, which became Brazil's new capital later that same year on April 22.

**What specific administrative aspects does this law cover?**
The statute addresses multiple administrative dimensions including: nomination procedures for public employees, competency frameworks for government operations, organizational composition of the State of Guanabara's administration, time limits for constitutional processes, and norms for transferring responsibilities between federal and state entities.

**How does this law relate to Brazil's capital transition?**
Enacted just eight days before Brasília officially became Brazil's capital on April 22, 1960, this law helped regulate the administrative consequences of Rio de Janeiro's new status as the State of Guanabara. It provided legal structure for the former federal district's transformation into a state-level entity.

**Where can the official text of this law be accessed?**
The complete legal text is publicly available through Brazil's official legislation portal at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3752.htm, maintained by the Presidency of the Republic. It is also indexed in the LexML Brazil legal information system under ID urn:lex:br:federal:lei:1960-04-14;3752.

**What makes this law historically significant?**
This statute represents a critical transitional document in Brazil's administrative history, bridging the period between Rio de Janeiro's role as federal capital and its conversion to the State of Guanabara. It reflects the legal adaptations required during one of Brazil's most significant geographical and political transformations.

## Why It Matters
Law No. 3752 of 1960 holds historical and administrative significance as a key legal instrument during Brazil's capital transition period. By establishing the procedural framework for Guanabara's Constituent Assembly, it facilitated the orderly transformation of Rio de Janeiro from federal capital to state entity—a process that required careful legal coordination between federal and local authorities. The law's provisions regarding nominations, competencies, and organizational structures helped maintain administrative continuity during this major political reorganization. As part of Brazil's federal legislation, it demonstrates how legal instruments adapt to accommodate significant geographical and political changes in a nation's governance structure. The statute also serves as an important historical document illustrating the legal mechanics behind Brazil's 1960 capital relocation, one of the most ambitious urban planning projects of the 20th century.

## Notable For
- **Capital Transition Legislation:** One of the key legal instruments facilitating Rio de Janeiro's transformation from federal capital to State of Guanabara
- **Presidential Approval:** Signed by President Juscelino Kubitschek, the architect of Brasília's construction
- **Administrative Framework:** Established comprehensive norms for constitutional assembly procedures
- **Historical Timing:** Enacted during the eight-day period between the law's approval and Brasília's official inauguration as capital
- **Multi-dimensional Scope:** Addresses nominations, competencies, organizational structures, and legal norms in a single statute
- **State Creation:** Directly related to the establishment of Guanabara as a distinct administrative entity
- **Federal Legislation:** Part of Brazil's official legal corpus with permanent digital preservation
- **Transitional Governance:** Exemplifies legal adaptations required during major political reorganizations

## Body

### Legislative Context and Enactment

Law No. 3752 was promulgated on April 14, 1960, during a pivotal moment in Brazilian history. The statute emerged as part of the legal framework necessary to manage the administrative consequences of Brazil's capital relocation from Rio de Janeiro to Brasília—a project initiated by President Juscelino Kubitschek. The law received presidential approval through the standard promulgation process, with Kubitschek's administration overseeing its development and implementation.

The legislative process followed Brazil's federal lawmaking procedures, resulting in a statute that would have immediate practical applications. The law's publication in Rio de Janeiro—still serving as capital at the time of enactment—highlighted the transitional nature of the document. Within eight days of this law's approval, Brasília would officially become Brazil's capital on April 22, 1960, marking one of the most significant geographical shifts in modern governance.

### Administrative Scope and Provisions

The statute addresses a comprehensive range of administrative matters essential for Guanabara's establishment as a state entity. Key provisions include:

- **Nomination Procedures:** Establishes norms for appointing public employees to the new state administration
- **Time Limits:** Defines deadlines and procedural timelines for constitutional processes
- **Competency Frameworks:** Outlines the scope of authority and responsibilities for various government bodies
- **Organizational Composition:** Specifies the structural makeup of Guanabara's administrative apparatus
- **Legal Norms:** Creates the regulatory foundation for the state's operations
- **Transfer Mechanisms:** Provides guidelines for transferring functions from federal to state control
- **Content Requirements:** Details what must be included in constitutional documents
- **Creation Processes:** Establishes procedures for forming new administrative entities

These provisions collectively formed the legal backbone for Guanabara's transition from federal district to state governance structure.

### Relationship to the State of Guanabara

The law maintains a direct and fundamental connection to the State of Guanabara, which existed as a separate administrative entity from 1960 until its merger with Rio de Janeiro State in 1975. Guanabara represented the former Federal District territory that surrounded Rio de Janeiro city after the capital functions moved to Brasília. Law No. 3752 specifically addresses:

- The convening of Guanabara's Constituent Assembly
- Administrative organization of the new state
- Competency divisions between federal and state authorities
- Employee transitions and nominations
- Legal frameworks for the state's operation

This focus on Guanabara reflects the law's role as transitional legislation designed to manage the complex administrative separation between federal capital functions and local governance.

### Historical and Political Significance

Enacted during the final months of Juscelino Kubitschek's presidency, this law occupies an important position in Brazil's 20th-century political history. Kubitschek's administration (1956-1961) implemented one of the most ambitious infrastructure projects in modern history—the construction of Brasília as a planned capital city. Law No. 3752 represents the legal counterpart to this physical transformation, addressing the administrative consequences of the capital relocation.

The statute demonstrates how Brazil's legal system adapted to accommodate this unprecedented geographical shift. By establishing clear procedures for Guanabara's constitutional assembly and administrative structure, the law helped prevent governance gaps during the transition period. It also illustrates the practical challenges of separating federal capital functions from local municipal governance.

### Legal Classification and Documentation

As a federal statute, Law No. 3752 holds official status within Brazil's legal hierarchy. The document is classified as:

- Instance of: Statute (legal concept)
- Part of: Federal legislation of Brazil
- Applies to: Brazilian jurisdiction
- Language: Brazilian Portuguese

The law maintains permanent digital preservation through multiple official channels:
- **Presidency Portal:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3752.htm
- **LexML Brazil:** urn:lex:br:federal:lei:1960-04-14;3752
- **Legislation Portal:** https://legislacao.presidencia.gov.br/atos

These digital repositories ensure ongoing public access to the complete legal text, supporting legal research and historical analysis.

### Connection to Brazil's Capital Transition

The temporal proximity between this law's enactment (April 14) and Brasília's inauguration (April 22) underscores its transitional nature. During this eight-day period, Brazil's legal and administrative systems underwent significant reorganization to accommodate the capital relocation. Law No. 3752 specifically addressed:

- The legal status of the territory formerly serving as federal capital
- Administrative continuity during the transition
- Procedural requirements for establishing new governance structures
- Employee transfers and organizational realignment

This connection to the capital transition makes the law particularly valuable for understanding the practical implementation of Kubitschek's vision for Brazil's geographical reorganization.

### Subject Matter Analysis

The statute's comprehensive subject coverage reflects the complexity of establishing a new state entity. Primary subject areas include:

1. **Nomination Processes:** Procedures for appointing state employees and officials
2. **Time Management:** Deadlines and scheduling for constitutional processes
3. **Employee Regulations:** Guidelines for public sector workforce transitions
4. **Competency Frameworks:** Definitions of authority and responsibility
5. **Federal Government Relations:** Interactions between national and state administrations
6. **Guanabara-Specific Provisions:** Tailored regulations for the new state
7. **Legal Norms:** Foundational rules for state operations
8. **Organizational Development:** Structural frameworks for administration
9. **Legislative Procedures:** Rules for constitutional assembly operations
10. **Transfer Mechanisms:** Protocols for shifting responsibilities between entities

This multi-dimensional approach ensures the law addresses all critical aspects of state formation and administration.

### Comparative Legal Context

Within Brazil's federal legislation corpus, Law No. 3752 occupies a unique position as transitional legislation. Unlike standard statutes that address ongoing governance, this law specifically manages the consequences of a one-time geographical and political transformation. Its provisions demonstrate how legal systems must adapt to accommodate extraordinary events like capital relocations.

The statute also illustrates the interplay between different levels of government during transitions. By addressing both federal oversight and state autonomy, the law navigates the complex relationship between national authority and local self-governance during periods of significant change.

### Preservation and Accessibility

Brazil's commitment to legal transparency ensures Law No. 3752 remains accessible through multiple official channels. The statute's digital preservation through platforms like LexML Brazil and the Presidency's legislation portal guarantees that researchers, legal professionals, and citizens can access the complete text. This accessibility supports:

- Historical research on Brazil's capital transition
- Legal analysis of state formation processes
- Comparative studies of administrative reorganizations
- Public understanding of Brazil's legislative history

The law's inclusion in WikiProject Brazilian Laws further enhances its visibility within the broader context of Brazil's legal development.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1960-04-14;3752)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3752&ano=1960&data=14/04/1960&ato=57ek3Yq50dVRVTd28)
3. LexML Brasil