# Law No. 3863-a of January 24, 1961

> Brazilian law

**Wikidata**: [Q105648006](https://www.wikidata.org/wiki/Q105648006)  
**Source**: https://4ort.xyz/entity/law-no-3863-a-of-january-24-1961

## Summary
Law No. 3863-a of January 24, 1961, is a Brazilian federal statute enacted to regulate, alter, and grant subsidies regarding the status and obligations of public employees ("Funcionarios"). Promulgated by the Presidency of the Federative Republic of Brazil under President Juscelino Kubitschek, this legislation serves as a formal written document that creates specific legal norms within the Brazilian jurisdiction. It is classified as a statute and remains a foundational piece of legislation in the country's administrative law history.

## Key Facts
- **Official Title:** Lei nº 3863-a, de 24 de janeiro de 1961.
- **Legal Citation:** Lei nº 3863-a/1961.
- **Publication Date:** January 24, 1961.
- **Place of Publication:** Brasília, Brazil.
- **Country of Origin:** Brazil (Federative Republic of Brazil).
- **Jurisdiction:** Applies exclusively to the territory of Brazil.
- **Language:** Brazilian Portuguese.
- **Instance Of:** Statute (a formal written document that creates law).
- **Approved By:** Presidency of the Federative Republic of Brazil.
- **Promulgated By:** Juscelino Kubitschek (serving as President at the time).
- **Main Subjects:** Employees ("Funcionarios"), Legislation, Change ("Alteração"), Grant ("Subvenção"), and Obligation ("Obrigatoriedade").
- **LexML Brazil ID:** urn:lex:br:federal:lei:1961-01-24;3863-a.
- **Official Source URL:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3863-a.htm.
- **Legal Nature:** A federal law altering existing regulations and establishing new obligations and grants.

## FAQs
**What is the primary purpose of Law No. 3863-a?**
The law focuses on the regulation of public employees, specifically addressing changes to their legal status, the granting of subsidies, and the establishment of new obligations. It functions as an amendment or specific regulatory act within the broader framework of Brazilian legislation.

**Who was responsible for enacting this statute?**
The law was approved and promulgated by the Presidency of the Federative Republic of Brazil, with Juscelino Kubitschek serving as the head of state at the time of its enactment on January 24, 1961.

**Where can the full text of this law be accessed?**
The official text is available online via the Brazilian government's Planalto portal at the specific URL provided for laws from the 1950–1969 period, and it is also indexed in the LexML Brazil repository.

**What specific areas does this law cover?**
The legislation explicitly covers the main subjects of employees, legislative changes, financial grants or subsidies, and mandatory obligations, indicating a comprehensive approach to public sector administration.

## Why It Matters
Law No. 3863-a of January 24, 1961, is significant because it represents a specific legislative intervention in the Brazilian public administration sector during the Kubitschek administration. By addressing the status of employees, the law provided the legal framework for altering employment conditions, granting specific subsidies, and defining mandatory obligations for public servants. As a federal statute, it contributes to the historical record of Brazil's legal evolution, demonstrating how the government managed its workforce and fiscal responsibilities in the early 1960s. Its existence ensures that the legal rights and duties of public employees during that era are documented and accessible, serving as a reference for understanding the administrative history of the Federative Republic of Brazil.

## Notable For
- **Specific Subject Matter:** Uniquely targets the intersection of employee status, legislative alteration, and financial grants within the Brazilian federal system.
- **Historical Context:** Enacted during the presidency of Juscelino Kubitschek, a pivotal era in Brazilian modernization and infrastructure development.
- **Digital Preservation:** Fully indexed in the LexML Brazil system with a unique URN identifier (urn:lex:br:federal:lei:1961-01-24;3863-a), ensuring long-term accessibility.
- **Legislative Classification:** Serves as a clear example of a "statute" that functions as both a "change" and a "grant" within the legal taxonomy.
- **Jurisdictional Specificity:** Strictly applies to the Brazilian jurisdiction, reflecting the centralized nature of federal law in the country.

## Body

### Definition and Legal Classification
Law No. 3863-a of January 24, 1961, is formally classified as a **statute**. In the context of legal theory and knowledge organization, a statute is a formal written document that creates law, encompassing acts, executive orders, and by-laws. This specific law functions as a manifestation of statutory law, serving as the official record of legal rules enacted by the Brazilian government. It is taxonomically distinct from general concepts of "law" or "legislation" by being the concrete written instrument itself. As a statute, it is a subclass of "written work," "document," and "rule," and it contains "legal norms" as its primary structural components.

### Enactment and Promulgation History
The law was created through the legislative process and caused by the act of legislation. It was officially approved by the **Presidency of the Federative Republic of Brazil**. The specific act of promulgation occurred on **January 24, 1961**, with **Juscelino Kubitschek** identified as the authority figure at the time of the determination. The document was published in **Brasília**, the capital of Brazil, which had become the seat of government in 1960. The legal citation for this text is **Lei nº 3863-a/1961**, and it is written in **Brazilian Portuguese**. The creation of this law followed the drafting of "draft laws" and resulted in the establishment of statutory law applicable to the nation.

### Subject Matter and Scope
The primary focus of Law No. 3863-a is the regulation of **employees** (stated as "Funcionarios" in the source metadata). The legislation is multifaceted, addressing several key legal concepts:
- **Legislation:** It serves as a piece of legislation that modifies or establishes rules.
- **Change:** It explicitly involves "Alteração" (alteration), indicating it amends previous statutes or regulations.
- **Grant:** It includes provisions for "Subvenção" (subsidy or grant), suggesting financial or resource allocation mechanisms.
- **Obligation:** It establishes "Obrigatoriedade" (obligation), defining mandatory duties for the subjects of the law.

These subjects indicate that the law was designed to manage the relationship between the state and its public workforce, balancing financial support with regulatory compliance.

### Jurisdiction and Applicability
The law applies strictly to the **jurisdiction of Brazil**. As a federal statute, its authority extends across the entire territory of the Federative Republic of Brazil. It is not applicable to other nations or sub-national entities outside the federal framework unless specifically referenced in subsequent local laws. The legal system of Brazil, which operates as a federal republic with a presidential system, utilizes this statute as part of its hierarchy of laws, sitting below the Constitution but above administrative decrees in terms of formal statutory weight.

### Digital Identity and Archival
In the modern digital landscape, Law No. 3863-a is preserved and identified through several unique digital identifiers:
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1961-01-24;3863-a`. This Uniform Resource Name (URN) ensures the document can be uniquely referenced in legal databases.
- **Official Web Access:** The full text is hosted on the Planalto website at `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3863-a.htm`.
- **Wikidata Integration:** The entity is recognized in Wikidata with a description of "Brazilian law" and is linked to the broader concept of "statute."
- **References:** The data is supported by references from the Presidency of the Republic and the LexML portal, with access dates recorded in early 2021.

### Relationship to Broader Legal Concepts
This law exemplifies the broader concept of a **statute** as defined in legal encyclopedias and knowledge graphs. It aligns with the `https://schema.org/Legislation` class used in structured data on the web. Like other statutes, it is in the public domain in jurisdictions such as the United States and France due to the "edict of government doctrine," which dictates that official legal documents are not copyrightable. This ensures that the text of Law No. 3863-a is freely accessible to the public, reinforcing the principles of open government and the rule of law. It is part of the "Category:Act" and is cataloged alongside other legislative acts in global knowledge systems.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1961-01-24;3863-a)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3863-A&ano=1961&data=24/01/1961&ato=8b1UzZ61keVRVT17d)