# Law No. 3862-a of January 24, 1961

> Brazilian law

**Wikidata**: [Q105648002](https://www.wikidata.org/wiki/Q105648002)  
**Source**: https://4ort.xyz/entity/law-no-3862-a-of-january-24-1961

## Why It Matters
Law No. 3862-a represents a specific exercise of executive and legislative authority in Brazil's fiscal management. Enacted in the final days of President Juscelino Kubitschek's administration, it reflects the governmental focus on infrastructure and public works, given its direct link to the Ministry of Transport (then "Ministerio Da Viação E Obras Publicas"). By legally sanctioning a "Credito Especial" (special budgetary credit) and a "Prorrogação" (prorogation), the statute demonstrates the procedural mechanisms through which the Brazilian federal government adjusts its budget to meet ongoing or extended administrative needs.

## Notable For
- **Late Kubitschek Era Legislation:** This law was promulgated on January 24, 1961, in the final week of Juscelino Kubitschek's presidency, which ended on January 31, 1961.
- **Focus on Public Infrastructure:** The law is explicitly concerned with the Ministry of Transport (Ministerio Da Viação E Obras Publicas), a key department during a period of significant national development and highway construction.
- **Special Budgetary Procedure:** It is notable for its specific financial mechanism—a "Credito Especial"—which is a distinct category of budgetary allocation in Brazilian public finance used for unexpected or urgent expenses.
- **Digital Preservation:** The law has a unique LexML identifier and is part of the WikiProject Brazilian Laws, indicating its inclusion in modern efforts to digitally catalog and preserve Brazil's legal heritage.

## Body

### Legal Classification and Nature
Law No. 3862-a is formally classified as a **statute**. In the Brazilian legal context, a statute (or law) is a formal written document enacted to create or modify law. This entity is a federal law, indicated by its "Lei" designation and its application to the entire jurisdiction of **Brazil**. It is a piece of legislation that follows the "draft laws" process and is caused by "legislation" as a legal act.

### Historical and Political Context
The law was published on **January 24, 1961**, in **Brasília**, the federal capital of Brazil. This date places its promulgation at the very end of the term of President **Juscelino Kubitschek**, who is listed as the approver via the "Presidency of the Federative Republic of Brazil." The method of enactment was "promulgation," the formal act of proclaiming the law. The law's association with the "Ministry of Transport of Brazil" connects it to a period renowned for its focus on development, road construction, and the building of Brasília, though the law itself deals with a specific budgetary extension.

### Core Subjects and Provisions
The statute addresses three main subjects, as defined in its text:
- **Ministry of Transport of Brazil (Ministerio Da Viação E Obras Publicas):** This is the specific government body affected by the law. The use of the historical name "Ministerio Da Viação E Obras Publicas" (Ministry of Transport and Public Works) in the law's qualifiers reflects the terminology of that era.
- **Special Budgetary Adjustment (Credito Especial):** The law authorizes this specific type of financial allocation. In Brazilian administrative law, a "Credito Especial" is designated for expenses for which no specific budgetary allocation exists, often due to unforeseen circumstances.
- **Prorogation (Prorrogação):** The law provides for an extension, most likely of the timeframe for utilizing the special budgetary credit or for specific administrative processes within the ministry.

### Official Identification and Access
The law is officially cited as **Lei nº 3862-a/1961**. It has a permanent and unique identifier within Brazil's legal information system, the **LexML Brazil ID**: `urn:lex:br:federal:lei:1961-01-24;3862-a`. This identifier allows for standardized referencing across legal databases. The full text of the law is publicly accessible online at the official Planalto government portal: `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3862-a.htm`.

### Language and Jurisdiction
The text of the law is written in **Brazilian Portuguese**, the official language of the country. Its jurisdiction is explicitly **Brazil**, meaning its legal force applies throughout the federative republic. As a federal statute, it is part of the national legal framework. The law is also a focus of the **WikiProject Brazilian Laws**, a collaborative effort to improve coverage of Brazilian legislation on knowledge platforms.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1961-01-24;3862-a)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3862-A&ano=1961&data=24/01/1961&ato=4e4QzZ61keVRVT454)