# Law No. 3868 of January 30, 1961

> Brazilian law

**Wikidata**: [Q105648017](https://www.wikidata.org/wiki/Q105648017)  
**Source**: https://4ort.xyz/entity/law-no-3868-of-january-30-1961

## Summary
Law No. 3868 of January 30, 1961 is a Brazilian federal statute that created the Universidade Federal do Espírito Santo (Federal University of Espírito Santo). Enacted by President Juscelino Kubitschek through promulgation, it is an official legal document written in Brazilian Portuguese that applies to all of Brazil and was published in Brasília. This law falls under the broader category of statutes, which are formal written documents that create law and are generally in the public domain.

## Key Facts
- **Full Title:** Lei nº 3868, de 30 de janeiro de 1961 (Law No. 3868 of January 30, 1961)
- **Type of Legal Instrument:** Statute (formal written document that creates law)
- **Purpose:** Created the Universidade Federal do Espírito Santo (Federal University of Espírito Santo)
- **Date Enacted:** January 30, 1961
- **Approving Authority:** Presidency of the Federative Republic of Brazil
- **Promulgated By:** President Juscelino Kubitschek
- **Jurisdiction:** Brazil (federal level)
- **Language:** Brazilian Portuguese
- **Place of Publication:** Brasília
- **Legal Citation:** Lei nº 3868/1961
- **Administering Ministry:** Ministry of Education (MEC)
- **Location of University:** Espírito Santo state, Brazil
- **LexML Brazil ID:** urn:lex:br:federal:lei:1961-01-30;3868
- **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3868.htm
- **WikiProject:** WikiProject Brazilian Laws
- **Copyright Status:** Public domain (as an official government legal document/edict)

## FAQs

**What is Law No. 3868 of January 30, 1961?**
Law No. 3868 of January 30, 1961 is a Brazilian federal law enacted to create the Federal University of Espírito Santo (Universidade Federal do Espírito Santo). It was promulgated by President Juscelino Kubitschek and published in Brasília.

**Who approved and signed this law?**
The law was approved by the Presidency of the Federative Republic of Brazil and promulgated by President Juscelino Kubitschek on January 30, 1961.

**What topics does the law cover?**
The law addresses the creation and establishment of a federal university in Espírito Santo state. Its main subjects include the university's creation ("Criação"), composition ("Composição"), educational institutions, teachers, civil servants, public offices, special budgetary adjustments ("Credito Especial"), and administrative provisions under the Ministry of Education.

**What type of legal document is this?**
It is a statute—a formal written document that creates law. Statutes are official legal acts enacted by legislative or executive authority and, as government edicts, are in the public domain in jurisdictions like the United States and France.

**Where can the full text of the law be accessed?**
The law is officially available online at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3868.htm and is indexed under the LexML Brazil identifier urn:lex:br:federal:lei:1961-01-30;3868.

## Why It Matters
Law No. 3868 of January 30, 1961 is significant for establishing the Federal University of Espírito Santo, a major public higher education institution in Brazil. The law formalized the university's creation and laid the legal groundwork for its administration, including provisions for teaching staff (professors), civil servants, public offices, educational institutions, and financial matters such as special budgetary credits. The law was enacted in Brasília just months after the city became Brazil's new capital and was one of the final acts of President Juscelino Kubitschek's administration. As a federal statute, it represents a concrete manifestation of statutory law and remains part of Brazil's legal and educational history.

## Notable For
- **Creation of a Major Federal University:** Established the Universidade Federal do Espírito Santo, a prominent public institution of higher education.
- **Promulgated by Juscelino Kubitschek:** Signed by one of Brazil's most influential presidents, known for his development policies and the construction of Brasília.
- **Published in Brasília:** Issued in the newly inaugurated capital city (Brasília became the capital on April 21, 1960).
- **Indexed in LexML Brazil:** Officially cataloged in Brazil's legal information system with URN identifier urn:lex:br:federal:lei:1961-01-30;3868.
- **Part of WikiProject Brazilian Laws:** Included in a structured effort to document Brazilian legislation in open knowledge bases.
- **Public Domain Status:** As a government edict (statute), the text is not subject to copyright restrictions.

## Body

### Overview and Classification
Law No. 3868 of January 30, 1961 (Lei nº 3868, de 30 de janeiro de 1961) is a Brazilian federal statute classified as a formal written document that creates law. It was published in Brasília, Brazil, and applies to the entire jurisdiction of Brazil. The law is written in Brazilian Portuguese and is cited legally as Lei nº 3868/1961. It is categorized as an instance of a "statute," which encompasses acts, executive orders, and by-laws, and serves as a manifestation of statutory law.

### Purpose and Main Subjects
The law's primary purpose, as stated in its digest, is "CRIA A UNIVERSIDADE DO ESPIRITO SANTO E DA OUTRAS PROVIDENCIAS" (Creates the University of Espírito Santo and provides other measures). The main subjects addressed by the law include:
- **Creation ("Criação"):** The establishment of the university.
- **Denominação:** The naming of the institution.
- **Composition ("Composição"):** The structure and makeup of the university.
- **Federal University ("Universidade Federal"):** Classification as a federal institution.
- **Educational Institution ("Estabelecimento De Ensino"):** Recognition as a formal educational establishment.
- **Espírito Santo:** The Brazilian state where the university is located.
- **Ministry of Education ("Ministerio Da Educação - MEC"):** The federal body overseeing the university.
- **Professor ("Professor"):** Provisions for teaching staff.
- **Civil Servant ("Servidor"):** Provisions for administrative and support staff.
- **Public Office ("Cargo Publico"):** Establishment of public positions within the institution.
- **Good Use ("Aproveitamento"):** Provisions related to utilization or efficiency.
- **End/Destination ("Destinação"):** Allocation or purpose provisions.
- **Special Budgetary Adjustment ("Credito Especial"):** Financial allocations for the university's establishment and operation.

### Approval and Promulgation
The law was approved by the Presidency of the Federative Republic of Brazil and promulgated by President Juscelino Kubitschek on January 30, 1961. This occurred at the end of Kubitschek's presidential term, which concluded on January 31, 1961, making this one of his final official acts as president.

### Publication and Accessibility
The law was published on January 30, 1961, in Brasília. The full text is accessible online via the official Brazilian government portal at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3868.htm. It is also indexed in the LexML Brazil legal information system with the URN identifier urn:lex:br:federal:lei:1961-01-30;3868. The law is part of the WikiProject Brazilian Laws initiative, which aims to document Brazilian legislation in open knowledge bases.

### Legal and Administrative Framework
As a federal statute, Law No. 3868/1961 operates within the Brazilian legal system and is administered under the Ministry of Education (MEC). It establishes the legal framework for the Federal University of Espírito Santo, including its governance structure, staffing (professors and civil servants), and financial provisions (special credits). The law applies to the entire territory of Brazil but specifically impacts the state of Espírito Santo by creating a major federal educational institution there.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1961-01-30;3868)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3868&ano=1961&data=30/01/1961&ato=ec2Eza61keVRVTd31)
3. LexML Brasil