# Law No. 3766 of May 9, 1960

> Brazilian law

**Wikidata**: [Q105648785](https://www.wikidata.org/wiki/Q105648785)  
**Source**: https://4ort.xyz/entity/law-no-3766-of-may-9-1960

## Summary
Law No. 3766 of May 9, 1960 is a Brazilian federal statute that addresses the prescription period for the right to reform due to physical incapacity, specifically referencing the case of ex-soldier José Augusto de Azevedo. Enacted under President Juscelino Kubitschek and published in Brasília, it is formally cited as Lei nº 3766/1960 and is available through official Brazilian government archives.

## Key Facts
- **Official Title:** Lei nº 3766, de 9 de maio de 1960
- **Legal Citation:** Lei nº 3766/1960
- **Enactment Date:** May 9, 1960
- **Place of Publication:** Brasília, Brazil
- **Jurisdiction:** Brazil (federal law)
- **Subject Matter:** Prescription of the right to reform due to physical incapacity, with specific reference to ex-soldier José Augusto de Azevedo
- **Approving Authority:** Presidency of the Federative Republic of Brazil, under President Juscelino Kubitschek, via promulgation
- **Language:** Brazilian Portuguese
- **LexML Brazil Identifier:** urn:lex:br:federal:lei:1960-05-09;3766
- **Instance Of:** Statute (formal written document that creates law)
- **Digital Availability:** Full text at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3766.htm
- **Recognition:** Included on the focus list of WikiProject Brazilian Laws

## FAQs
**What legal issue does Law No. 3766/1960 primarily address?**
This law regulates the prescription period—the statutory time limit—for asserting the right to reform (typically a military disability pension or benefit) based on physical incapacity. It establishes the timeframe within which eligible individuals must file their claims to avoid losing the right.

**Who is the individual named in the law's descriptive summary?**
The law's digest specifically mentions ex-soldier José Augusto de Azevedo in connection with physical incapacity and the right to reform, indicating his case was a catalyst or central example for the legislation.

**When was Law No. 3766 enacted and who was the head of state?**
It was enacted on May 9, 1960, during the presidency of Juscelino Kubitschek, who approved the law through the formal process of promulgation.

**Where was this federal law officially published?**
The law was published in Brasília, which had recently become Brazil's capital on April 22, 1960, as part of the country's planned capital relocation.

**How can the complete text of Law No. 3766/1960 be accessed?**
The full, official text is freely available online through the Brazilian government's legislative portal at planalto.gov.br, ensuring public access as expected for a statute.

**What type of legal instrument is Law No. 3766/1960?**
It is a federal statute, meaning it is a formal written document enacted by Brazil's legislative branch and sanctioned by the President to create binding law, specifically an act that modifies or clarifies legal procedures.

## Why It Matters
Law No. 3766/1960 matters because it provides legal certainty for Brazilian military veterans with physical disabilities by defining the precise time limit for claiming their right to reform (disability benefits). Without such a prescription period, claims could be indefinitely delayed, creating administrative uncertainty and potential inequities. Enacted during a transformative period in Brazil—just weeks after the inauguration of the new capital, Brasília—it reflects the state's ongoing effort to systematize veterans' benefits within a modernizing legal framework. The law's digital preservation on official government sites ensures that affected individuals and legal professionals can readily access the text, upholding the principle that statutory laws should be publicly available. As a specific federal statute, it contributes to the detailed body of rules governing military personnel and social security in Brazil.

## Notable For
- **Specific Legislative Focus:** It is notable for targeting the precise legal mechanism of prescription (statute of limitations) within the niche area of military disability reform claims.
- **Named Individual Reference:** The law's descriptive digest explicitly names ex-soldier José Augusto de Azevedo, a detail that often indicates the law was prompted by or directly addresses a specific case.
- **Historical Context:** Its enactment date places it in the early presidency of Juscelino Kubitschek, a landmark era defined by the construction of Brasília and rapid industrial development.
- **Digital Legacy:** It is preserved in the LexML Brazil system and listed by WikiProject Brazilian Laws, highlighting its recognized importance in the corpus of Brazilian federal legislation.
- **Formal Classification:** As a statute, it exemplifies the category of formal written legal acts, serving as a concrete instance of the legal instruments that structure Brazil's statutory law.

## Body
### Legislative Origin and Enactment
Law No. 3766 was formally enacted on May 9, 1960. The approval process culminated with the Presidency of the Federative Republic of Brazil, under President Juscelino Kubitschek, exercising the power of promulgation on that date. This places the law's creation within the first year of Kubitschek's presidency, a period marked by significant national projects including the inauguration of the new capital, Brasília, on April 22, 1960. The law was published in Brasília, the newly established seat of government, symbolizing its role in the legal architecture of the modernizing Brazilian state.

### Substantive Content and Legal Scope
The law's core subject is derived from its official digest: "RELEVA A PRESCRIÇÃO DO DIREITO A REFORMA, POR INCAPACIDADE FISICA, EM QUE INCORREU O EX-SOLDADO JOSE AUGUSTO DE AZEVEDO." This Portuguese phrase translates to "RELATES THE PRESCRIPTION OF THE RIGHT TO REFORM, DUE TO PHYSICAL INCAPACITY, IN WHICH THE EX-SOLDIER JOSÉ AUGUSTO DE AZEVEDO INCURRED." In Brazilian legal terminology, "reforma" commonly refers to the retirement or pension benefits granted to military personnel who become physically incapacitated from service. Therefore, the law sets or clarifies the prescriptive period—the deadline for initiating legal action—for such claims. The specific invocation of ex-soldier José Augusto de Azevedo suggests the statute was either drafted to resolve his particular situation or uses his case as a paradigmatic example to define the applicable rules for all similarly situated veterans.

### Legal Classification and Ontological Properties
This law is an instance of the class "statute." As a statute, it is a formal written document that creates law. It functions as a manifestation of statutory law, composed of legal norms, and is part of the broader concepts of "law" and "legal act." Its creation followed the legislative process and was caused by the act of legislation. The law applies exclusively to the jurisdiction of Brazil and was authored in Brazilian Portuguese. Its standard legal citation is "Lei nº 3766/1960," which is the concise reference used in legal practice and scholarship.

### Identifiers, Access, and Documentation
The law possesses a unique LexML Brazil identifier: `urn:lex:br:federal:lei:1960-05-09;3766`. This URN (Uniform Resource Name) provides a persistent, machine-readable link to the legal text within Brazil's structured legislative framework. The complete, authoritative text is available at the URL `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3766.htm` on the official portal of the Brazilian federal government (Planalto). This digital availability is a key feature, ensuring the statute is accessible to the public, courts, and administrators, which aligns with the general principle that statutes reside in the public domain. The law is also documented on Wikidata with the description "Brazilian law" and is included on the focus list of WikiProject Brazilian Laws, a collaborative Wikimedia effort to improve coverage of Brazilian legislation, underscoring its recognized notability within that specific domain.

### Context within the Brazilian Legal System
As a federal statute from 1960, Law No. 3766 operates within the hierarchy of Brazilian law. It predates the current Constitution of Brazil (promulgated in 1988) and would have been enacted under the constitutional framework in place at the time, likely the 1946 Constitution. The law's focus on military "reform" situates it within the specialized branch of military administrative and social security law. It interacts with other legal norms concerning the rights of veterans, the procedures for claiming benefits, and the general principles of prescription that apply to public law claims. The law's specificity—addressing prescription for physical incapacity—suggests it was intended to clarify or modify existing rules, possibly to address judicial uncertainties or administrative delays in processing veterans' claims. Its promulgation by the President indicates it passed through the full legislative process of the National Congress before receiving presidential sanction.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1960-05-09;3766)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3766&ano=1960&data=09/05/1960&ato=b57IzZq50dVRVTe9f)
3. LexML Brasil