# Law No. 3870 of January 30, 1961

> Brazilian law

**Wikidata**: [Q105648020](https://www.wikidata.org/wiki/Q105648020)  
**Source**: https://4ort.xyz/entity/law-no-3870-of-january-30-1961

## Summary

Law No. 3870 of January 30, 1961 is a statute.[1]It is from Brazil.[1]

## Summary
Law No. 3870 of January 30, 1961, is a Brazilian federal statute that exempts financing contracts involving cooperative societies from stamp tax (Imposto de Selo). Promulgated by President Juscelino Kubitschek, this legislation specifically targets the fiscal burden on cooperative funding agreements, granting them a tax exemption to facilitate their financial operations. It remains a formal written legal document within the Brazilian legal system, published in Brasília and accessible through official government archives.

## Key Facts
- **Official Title:** Lei nº 3870, de 30 de janeiro de 1961.
- **Legal Citation:** Lei nº 3870/1961.
- **Publication Date:** January 30, 1961.
- **Place of Publication:** Brasília, Brazil.
- **Jurisdiction:** Federative Republic of Brazil.
- **Legal Classification:** Statute (a formal written document creating law).
- **Approving Authority:** Presidency of the Federative Republic of Brazil.
- **Head of State at Promulgation:** Juscelino Kubitschek.
- **Primary Subject Matter:** Tax exemption (Isenção) regarding stamp tax (Tributação).
- **Specific Exemption:** Contracts of financing (Contratos de Financiamentos) where the borrowers (mutuárias) are cooperative societies (Sociedades Cooperativas).
- **Language:** Brazilian Portuguese.
- **LexML Brazil Identifier:** urn:lex:br:federal:lei:1961-01-30;3870.
- **Official Online Source:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3870.htm.
- **Related Concepts:** Fee, Funding, Contract, Tax Exemption.

## FAQs
**What is the primary purpose of Law No. 3870/1961?**
The law's main objective is to grant a tax exemption on stamp duties for specific financing contracts. It applies exclusively to agreements where the borrowing entities are cooperative societies, effectively removing a fiscal barrier for these organizations.

**Who signed or approved this legislation?**
The statute was approved and promulgated by the Presidency of the Federative Republic of Brazil under the administration of President Juscelino Kubitschek. The act of promulgation occurred on the same day as the publication date, January 30, 1961.

**Which types of organizations benefit from this law?**
Only cooperative societies (Sociedades Cooperativas) qualify for the benefits outlined in this statute. The exemption is strictly limited to financing contracts where these cooperatives act as the borrowers (mutuárias).

**Where can the full text of this law be accessed?**
The official text is available on the Brazilian government's Planalto website at the URL https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3870.htm. It is also indexed in the LexML Brazil system under the unique identifier urn:lex:br:federal:lei:1961-01-30;3870.

**Does this law apply to all types of contracts in Brazil?**
No, the scope is highly specific and does not apply to general commercial or private contracts. It is restricted solely to financing contracts involving cooperative societies and specifically addresses the exemption from stamp tax (Imposto de Selo).

## Why It Matters
Law No. 3870 of January 30, 1961, plays a critical role in the economic framework of Brazil's cooperative sector by reducing operational costs through tax relief. By exempting these specific financing contracts from stamp tax, the legislation lowers the financial overhead for cooperative societies, thereby encouraging their growth and stability. This measure reflects a targeted government policy to support the cooperative movement, which is vital for agricultural, credit, and consumer sectors in Brazil. The law serves as a historical precedent for fiscal incentives designed to strengthen specific economic entities, ensuring that cooperatives can access capital more efficiently than they might under standard tax regimes. Its continued existence in the legal code provides a clear, written mandate for tax authorities to recognize these exemptions, preventing unnecessary litigation or financial penalties for compliant cooperatives.

## Notable For
- **Targeted Fiscal Relief:** It is one of the few statutes specifically designed to exempt cooperative societies from stamp tax on financing contracts.
- **Historical Context:** Enacted during the presidency of Juscelino Kubitschek, a period known for significant industrial and infrastructure development in Brazil.
- **Specific Legal Scope:** Unlike broad tax codes, this law narrowly defines its beneficiaries as "mutuárias" (borrowers) that are cooperative societies.
- **Digital Preservation:** It is fully digitized and accessible via the LexML Brazil project and the Planalto official portal, ensuring public access.
- **Classification:** It stands as a definitive example of a "statute" within the Brazilian legal taxonomy, classified under federal laws from the 1950–1969 period.
- **Unique Identifier:** It holds the specific LexML Brazil URN `urn:lex:br:federal:lei:1961-01-30;3870`, allowing for precise citation in legal and academic contexts.

## Body

### Definition and Legal Nature
Law No. 3870 of January 30, 1961, is a formal written document that creates law, fitting the definition of a **statute**. As a federal law of Brazil, it functions as a specific legal instrument enacted by the legislative process and promulgated by the executive branch. It is taxonomically classified as a subclass of "written work," "document," and "rule," serving as the concrete manifestation of statutory law within the Brazilian jurisdiction. The document is written in Brazilian Portuguese and is legally binding throughout the Federative Republic of Brazil. Its primary function is to establish a legal norm that modifies the tax obligations of specific entities, specifically by removing the requirement to pay stamp tax on certain financial agreements.

### Subject Matter and Scope
The core subject of this legislation revolves around **tax exemption** (Isenção) concerning **stamp tax** (Tributação). The law explicitly addresses **financing contracts** (Contratos de Financiamentos). The exemption is not universal; it is strictly conditional on the identity of the borrower. The statute applies only when the borrower (mutuária) is a **cooperative society** (Sociedades Cooperativas). This creates a specific legal category where cooperatives are treated differently from other corporate or individual entities regarding the fiscal treatment of their financing agreements. The law effectively removes the "fee" associated with the stamp tax for these specific transactions, altering the financial calculus for cooperatives seeking capital.

### Promulgation and Authority
The statute was approved by the **Presidency of the Federative Republic of Brazil**. The specific determination method for its enactment was **promulgation**, which occurred on **January 30, 1961**. At the time of this legislative act, the head of state was **Juscelino Kubitschek**, whose name is recorded as a qualifier in the approval metadata. The place of publication for this law was **Brasília**, the capital of Brazil. The law was published in the official government records, establishing its validity and enforceability from that date forward. The legal citation for this text is formally recognized as **Lei nº 3870/1961**.

### Digital Identification and Access
In the modern digital era, Law No. 3870 is indexed with specific identifiers to ensure precise retrieval and citation. The **LexML Brazil** system assigns it the unique Uniform Resource Name (URN): `urn:lex:br:federal:lei:1961-01-30;3870`. This identifier is crucial for legal databases and automated systems to distinguish this specific statute from others. The full text of the law is hosted on the official government portal of the Presidency (Planalto) at the URL: `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3870.htm`. This digital availability ensures that the public, legal professionals, and researchers can access the original text without ambiguity. The law is also cataloged in the **WikiProject Brazilian Laws**, indicating its inclusion in structured knowledge projects dedicated to Brazilian legislation.

### Historical and Economic Context
Enacted in 1961, this law falls within a period of significant economic activity in Brazil, characterized by the administration of Juscelino Kubitschek. The legislation reflects a policy choice to support the cooperative sector, which has historically been a pillar of Brazilian agriculture and credit systems. By exempting these entities from stamp tax, the government aimed to reduce the cost of capital for cooperatives, thereby fostering their expansion and ability to serve their members. The law remains a relevant piece of the historical legal framework, illustrating how specific fiscal incentives were used to shape economic behavior in the early 1960s. It stands as a testament to the legislative focus on supporting cooperative models during that era.

### Classification and Metadata
The entity is classified as a **statute** in knowledge bases such as Wikidata. It is associated with several main subjects, including **fee**, **funding**, **tax exemption**, and **contract**. These subjects are linked to the law through qualifiers such as "stated as" (e.g., "Tributação" for fee, "Financiamento" for funding). The law is part of the broader category of **Federal Laws** of Brazil. It is distinct from other types of legal acts like executive orders or by-laws, although it shares the general characteristic of being a written legal document. The metadata associated with this law includes references to the **LexML** project and the **Planalto** archive, ensuring its provenance is well-documented. The language of the work is definitively **Brazilian Portuguese**, and it applies exclusively to the jurisdiction of **Brazil**.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1961-01-30;3870)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3870&ano=1961&data=30/01/1961&ato=37bQza61keVRVT43a)
3. LexML Brasil