# Law No. 3857 of December 22, 1960

> Brazilian law

**Wikidata**: [Q105648868](https://www.wikidata.org/wiki/Q105648868)  
**Source**: https://4ort.xyz/entity/law-no-3857-of-december-22-1960

## Summary
Law No. 3857 of December 22, 1960 (officially "Lei nº 3857, de 22 de dezembro de 1960") is a Brazilian federal statute that established the Order of Musicians of Brazil (Ordem dos Músicos do Brasil) and regulated the professional practice of music throughout the country. Promulgated by President Juscelino Kubitschek in Brasília, this formal legal document was written in Brazilian Portuguese and applies to the entire jurisdiction of Brazil.

## Key Facts
- **Full Title:** Lei nº 3857, de 22 de dezembro de 1960
- **Alternative Name:** Law No. 3857 of December 22, 1960
- **Legal Citation:** Lei nº 3857/1960
- **Type of Instrument:** Statute (federal law)
- **Date of Publication:** December 22, 1960
- **Place of Publication:** Brasília, Brazil
- **Promulgating Authority:** Presidency of the Federative Republic of Brazil
- **President at Promulgation:** Juscelino Kubitschek
- **Jurisdiction:** Brazil
- **Language:** Brazilian Portuguese
- **Primary Purpose:** Creates the Order of Musicians of Brazil and regulates the exercise of the music profession
- **Lexml Brazil ID:** urn:lex:br:federal:lei:1960-12-22;3857
- **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/l3857.htm
- **WikiProject Membership:** WikiProject Brazilian Laws
- **Instance Of:** Statute

## FAQs
**What is the main purpose of Law No. 3857/1960?**
The law's primary purpose is to create the Order of Musicians of Brazil (Ordem dos Músicos do Brasil) and to establish regulations for the professional practice of music in the country, along with other related measures.

**Who approved and promulgated this law?**
The law was approved by the Presidency of the Federative Republic of Brazil and was promulgated by President Juscelino Kubitschek on December 22, 1960.

**Where can the official text of the law be found?**
The full text of Law No. 3857 is available in Brazilian Portuguese on the official Brazilian government portal at planalto.gov.br.

**What professional aspects does the law regulate?**
The law addresses numerous aspects including professional activity, competency requirements, professional classification, administrative organization of the regulatory body, supervision, registration, and specific provisions for foreign musicians.

## Why It Matters
Law No. 3857 of December 22, 1960, represents a significant milestone in the professionalization and formal recognition of musicians in Brazil. By establishing the Order of Musicians of Brazil, the law created an official regulatory framework for a creative profession, bringing structure and governmental oversight to the field. This statute matters because it transformed music from an unregulated occupation into a formally recognized profession with defined requirements, classifications, and supervisory mechanisms. The law ensures that the practice of music in Brazil operates under documented legal standards, protecting both practitioners and the public while establishing clear administrative organization for ongoing professional governance.

## Notable For
- **Creating the Order of Musicians of Brazil:** The law's most significant achievement is the establishment of this professional regulatory body.
- **Comprehensive Professional Regulation:** It systematically addresses all major aspects of professional music practice, from classification and registration to supervision and requirements.
- **Historical Timing:** Enacted in 1960 during Juscelino Kubitschek's presidency, a period known for significant development and modernization in Brazil.
- **Broad Subject Coverage:** The statute encompasses 13 distinct subject areas including activity, competency, heritage, classification, administrative organization, supervision, design requirements, work, creation, professional practice, foreign practitioners, registration, and goals.
- **Official Federal Recognition:** As a federal statute, it represents one of the formal manifestations of statutory law in Brazil, classified alongside acts, executive orders, and by-laws.

## Body

### Legal Classification and Definition
Law No. 3857 of December 22, 1960, is formally classified as a **statute**—a formal written document that creates law. In legal taxonomy, a statute serves as a manifestation of statutory law and is classified as a subclass of written work, document, and rule. This Brazilian law functions as the official record of legal rules enacted by the federal government, containing legal norms as its constituent parts. The statute is distinguished from general concepts of legislation or legal acts in knowledge systems and serves as a foundational legal instrument within Brazil's juridical framework.

### Enactment and Authority
The statute was officially published on **December 22, 1960**, in **Brasília**, the federal capital of Brazil. The approving authority for the law was the **Presidency of the Federative Republic of Brazil**, with **Juscelino Kubitschek** serving as the promulgating president. The law was created through the formal legislative process and represents a federal legal act applicable throughout Brazilian territory. This promulgation occurred during Kubitschek's administration, a period noted for its ambitious development agenda.

### Core Purpose and Legal Digest
According to the official law digest, Law No. 3857's purpose is stated as: "CRIA A ORDEM DOS MUSICOS DO BRASIL E DISPÕE SOBRE A REGULAMENTAÇÃO DO EXERCICIO DA PROFISSÃO DE MUSICO, E DA OUTRAS PROVIDENCIAS" (Creates the Order of Musicians of Brazil and provides for the regulation of the exercise of the music profession, and other measures). This statement establishes the law's dual function: creating a new institutional body and regulating professional activity.

### Subjects and Regulatory Scope
The statute addresses a comprehensive range of subjects that define its regulatory scope. Each subject is formally identified within the law's structure:
- **Creation (Criação):** The foundational act of establishing the regulatory body.
- **Professional Practice (Exercicio Profissional):** Rules governing how music is practiced as a profession.
- **Activity (Exercicio):** The specific activities encompassed by professional music practice.
- **Administrative Organization (Organização Administrativa):** The structural and operational framework of the regulatory entity.
- **Competency (Competencia):** The qualifications and capabilities required for professional practice.
- **Classification (Classificação):** The categorization system for different types or levels of musical professionals.
- **Design Requirements (Requisitos):** The mandatory conditions and standards that must be met.
- **Registration (Inscrição):** The formal enrollment process for professionals.
- **Supervision (Fiscalização):** The oversight and monitoring mechanisms for professional conduct.
- **Heritage (Patrimonio):** Matters related to professional or cultural assets.
- **Foreigner (Estrangeiro):** Specific provisions applying to non-Brazilian musicians.
- **Work (Trabalho):** Labor-related aspects of the music profession.
- **Goal (Objetivo):** The overarching objectives and aims of the regulatory framework.

### Jurisdiction and Applicability
The law applies to the entire **jurisdiction of Brazil**, making it a federal statute with nationwide effect. The place of publication was **Brasília**, which had recently become the federal capital in April 1960, making this one of the earlier federal laws promulgated in the new capital city. The statute is written in **Brazilian Portuguese**, the official language of the country.

### Official Identification and Access
Law No. 3857 is indexed through several official identification systems that ensure its traceability and citation:
- **Lexml Brazil ID:** `urn:lex:br:federal:lei:1960-12-22;3857`—a unique Uniform Resource Name following the Brazilian legal identification standard.
- **Legal Citation:** `Lei nº 3857/1960`—the standard format for referring to the law in legal contexts.
- **Official URL:** `https://www.planalto.gov.br/ccivil_03/leis/l3857.htm`—the authoritative online source for the law's full text.

The law is part of **WikiProject Brazilian Laws**, indicating its inclusion in collaborative efforts to document and structure information about Brazilian legislation.

### Public Access and Copyright Status
As a statute, Law No. 3857 holds the status of an official government document. According to the "edict of government doctrine," such official legal documents—including legislative enactments—are generally in the public domain, ensuring that citizens have unrestrained access to the laws that govern them. The law is available through official government portals, reinforcing principles of open government and the rule of law.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1960-12-22;3857)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3857&ano=1960&data=22/12/1960&ato=cf8EzZ650dVRVT1a3)
3. LexML Brasil