# Law No. 3873 of January 30, 1961

> Brazilian law

**Wikidata**: [Q105648023](https://www.wikidata.org/wiki/Q105648023)  
**Source**: https://4ort.xyz/entity/law-no-3873-of-january-30-1961

## Summary
**Law No. 3873 of January 30, 1961** (Portuguese: *Lei nº 3873, de 30 de janeiro de 1961*) is a Brazilian statute enacted during the presidency of Juscelino Kubitschek. It functions as a formal legal instrument that establishes provisions for the creation and support of Regional Labor Courts (*Tribunais Regionais do Trabalho*) and Conciliation and Judgment Boards (*Juntas de Conciliação e Julgamento*) across multiple Brazilian states. The law specifically authorizes special budgetary adjustments (*créditos especiais*) to fund these judicial bodies and public offices within the specified municipalities.

## Key Facts
- **Full Title:** Lei nº 3873, de 30 de janeiro de 1961
- **Classification:** Instance of a **statute** (formal written document creating law).
- **Date of Enactment:** January 30, 1961.
- **Approving Authority:** Presidency of the Federative Republic of Brazil; promulgated by President **Juscelino Kubitschek**.
- **Jurisdiction:** Brazil (Federative Republic of Brazil).
- **Place of Publication:** Brasília, Federal District.
- **Language:** Brazilian Portuguese.
- **Legal Citation:** Lei nº 3873/1961.
- **Primary Subject:** Creation and funding of **Regional Labor Courts (TRT)** and **Conciliation and Judgment Boards (JCJ)**.
- **Budgetary Mechanism:** Authorizes "special budgetary adjustments" (*Crédito Especial*) for public offices (*Cargos Públicos*).
- **Geographic Scope:** Covers the states of São Paulo (SP), Paraná (PR), and Mato Grosso (MT) [now includes Mato Grosso do Sul context via Corumbá].
- **Specific Municipalities Cited:** Americana, Araraquara, Barretos, Bauru, Guarulhos (SP); Curitiba (PR); Corumbá (MT).
- **Lexml URN:** `urn:lex:br:federal:lei:1961-01-30;3873`
- **Official URL:** Available at `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3873.htm`

## FAQs
**What is the primary purpose of Law No. 3873/1961?**
The law primarily focuses on the **judiciary** branch, specifically the creation (*criação*) and maintenance of **Regional Labor Courts (TRT)** and **Conciliation and Judgment Boards (JCJ)**. It allocates necessary funds through special budgetary adjustments to support these bodies in specific Brazilian municipalities.

**Which Brazilian regions are directly affected by this law?**
The law applies to specific locations within the states of **São Paulo**, **Paraná**, and **Mato Grosso**. Targeted cities include **Americana, Araraquara, Barretos, Bauru, Guarulhos** (São Paulo); **Curitiba** (Paraná); and **Corumbá** (Mato Grosso).

**Who signed Law No. 3873 into force?**
The statute was approved and promulgated by the **Presidency of the Federative Republic of Brazil**, specifically under President **Juscelino Kubitschek**, on January 30, 1961, just one day before the end of his presidential term.

**How is this law formally identified in Brazilian legal systems?**
It is identified by the legal citation **Lei nº 3873/1961** and bears the Lexml identifier `urn:lex:br:federal:lei:1961-01-30;3873`. It is categorized as a "statute" subclass of a written work and rule.

## Why It Matters
Law No. 3873 of January 30, 1961, represents a specific exercise of statutory authority in Brazil, serving as a concrete manifestation of **statutory law**. It matters for several reasons:

1.  **Judicial Infrastructure:** It directly contributed to the operational capacity of the Brazilian labor justice system (*Judiciário Trabalhista*) by establishing the legal framework for **Regional Labor Courts** and local **Conciliation and Judgment Boards**. These entities are essential for resolving labor disputes and enforcing workers' rights.
2.  **Resource Allocation:** By authorizing "special budgetary adjustments" (*Crédito Especial*), the law demonstrates the legislative mechanism for funding public offices (*Cargos Públicos*) outside of the ordinary budget cycle, allowing for immediate financial support for judicial expansion.
3.  **Historical Context:** Enacted on the final day of the Juscelino Kubitschek administration (January 30, 1961), the law reflects the developmentalist priorities of that era, extending formal judicial structures to growing municipalities like **Guarulhos**, **Bauru**, and **Curitiba**.
4.  **Legal Precedent:** As a **statute**, it serves as a primary source of law. Its existence as a public domain document ensures that the legal mandates affecting the labor rights of citizens in the specified regions remain accessible and enforceable.

## Notable For
- **Late-Term Enactment:** Promulgated on **January 30, 1961**, this statute was one of the final acts of President **Juscelino Kubitschek**, occurring just one day before the inauguration of President Jânio Quadros.
- **Labor Judiciary Focus:** It is explicitly focused on the structure of the **Regional Labor Courts (TRT)** and **Conciliation and Judgment Boards (JCJ)**, distinguishing it from general criminal or civil statutes.
- **Multi-State Implementation:** Unlike laws restricted to a single region, this statute simultaneously affected judicial operations in **São Paulo**, **Paraná**, and **Mato Grosso**.
- **Capital Publication:** Noted as being published in **Brasília**, which had only recently become the federal capital (inaugurated in April 1960), marking it as an early legislative product of the new capital city.
- **Public Domain Status:** As a statute (edict of government), it is generally free from copyright restrictions, ensuring public accessibility.

## Body

### Definition and Legal Classification
**Law No. 3873 of January 30, 1961** is classified as a **statute**, which is a formal written document that creates law. In the context of the Brazilian legal system, it is a subclass of a "legal term or legal concept," "written work," "document," and "rule." It serves as a manifestation of statutory law, composed of legal norms, and was created through the legislative process.

As a statute, it is a public domain document. Under the "edict of government doctrine," official legal documents like this are not subject to copyright, ensuring that the public has unrestrained access to the laws they must follow.

### Legislative Authority and Provenance
The statute was created via **legislation** and approved by the **Presidency of the Federative Republic of Brazil**. The determination method was **promulgation**. The specific head of state associated with this act is **Juscelino Kubitschek**. The law was officially published on **January 30, 1961**, in **Brasília**, the federal capital of Brazil.

### Subject Matter and Scope
The law addresses several interconnected subjects regarding the administration of labor justice:
*   **Judicial Bodies:** It focuses on the **Regional Labor Courts** (*Tribunal Regional Do Trabalho - TRT*) and the **Conciliation and Judgment Boards** (*Junta De Conciliação E Julgamento - JCJ*). These are the core entities of the specialized labor judiciary in Brazil.
*   **Administrative Action:** The law deals with the **creation** (*Criação*) of structures or roles and the administration of **public offices** (*Cargo Público*).
*   **Budgetary Provision:** A key component of the law is the authorization of a **special budgetary adjustment** (*Crédito Especial*). This financial mechanism is distinct from ordinary budget allocations and is used for specific, often urgent or unforeseen, expenses.

### Geographic Jurisdiction
The application of Law No. 3873 is geographically specific, targeting municipalities in three Brazilian states:
*   **São Paulo (SP):** The law cites the municipality (state) of **São Paulo** itself, as well as the specific cities of **Americana**, **Araraquara**, **Barretos**, **Bauru**, and **Guarulhos**.
*   **Paraná (PR):** It applies to the state's capital, **Curitiba**, and the state of **Paraná** generally.
*   **Mato Grosso (MT):** It applies to the municipality of **Corumbá** and the state of **Mato Grosso**. (Note: At the time, Mato Grosso was a single state; Corumbá is now in Mato Grosso do Sul).

### Contextual Background: Brazil (Jurisdiction)
The law applies to the **Federative Republic of Brazil**. At the time of the law's enactment in 1961:
*   **Capital:** The capital had recently moved from Rio de Janeiro to **Brasília** (on April 22, 1960). This law was published in Brasília, signifying the functioning of the new federal administration center.
*   **Government:** Brazil was a federal republic operating under a presidential system.
*   **Legal System:** The country utilized a civil law system where statutes (Leis) are the primary instruments of government authority.

### Identifiers and Access
The law is indexed and accessible through various official channels:
*   **Lexml Brazil ID:** `urn:lex:br:federal:lei:1961-01-30;3873`
*   **Official Web Address:** The full text is hosted by the Presidency of the Republic at `https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3873.htm`.
*   **WikiProject:** It is listed under "WikiProject Brazilian Laws," indicating its relevance in structured knowledge curation regarding Brazilian legislation.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1961-01-30;3873)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3873&ano=1961&data=30/01/1961&ato=60dgXQE5keVRVT213)