# Law No. 3875 of January 30, 1961

> Brazilian law

**Wikidata**: [Q105648025](https://www.wikidata.org/wiki/Q105648025)  
**Source**: https://4ort.xyz/entity/law-no-3875-of-january-30-1961

## Summary

Law No. 3875 of January 30, 1961 (Lei nº 3875/1961) is a Brazilian federal statute that transferred the Nursing School of Recife (Escola de Enfermagem do Recife) to the Union. Promulgated by President Juscelino Kubitschek on behalf of the Presidency of the Federative Republic of Brazil, this law represents a specific instance of institutional transfer within Brazil's federal education system, specifically involving a higher education institution in the state of Pernambuco.

## Key Facts

- **Official Title:** Lei nº 3875, de 30 de janeiro de 1961
- **Legal Citation:** Lei nº 3875/1961
- **Publication Date:** January 30, 1961
- **Place of Publication:** Brasília, Brazil
- **Promulgating Authority:** Presidency of the Federative Republic of Brazil
- **President:** Juscelino Kubitschek (point in time: 1961-01-30)
- **Country:** Brazil
- **Language:** Brazilian Portuguese
- **Jurisdiction:** Brazil (applies to jurisdiction)
- **Instance Of:** Statute (legal term/concept; formal written document that creates law)
- **LEXML Brazil ID:** urn:lex:br:federal:lei:1961-01-30;3875
- **Official Source URL:** https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3875.htm
- **Main Subject (stated as):** Credito Especial (Special Budgetary Adjustment)
- **Related Entities:** Ministry of Education (MEC), Pernambuco (state), educational institution, municipality, higher education (Curso Superior)

## FAQs

**What does Law No. 3875 of January 30, 1961 do?**

Law No. 3875 of January 30, 1961 transfers the Nursing School of Recife (Escola de Enfermagem do Recife) from its previous status to the Union (federal government) of Brazil. This institutional transfer placed the educational institution under federal administration.

**When was Law No. 3875 of January 30, 1961 enacted?**

The law was published and made effective on January 30, 1961, during the presidency of Juscelino Kubitschek, who served as President of Brazil from 1956 to 1961.

**What type of law is Lei nº 3875/1961?**

Lei nº 3875/1961 is classified as a statute—a formal written document that creates law, encompassing acts, executive orders, and by-laws. It is a subclass of "written work," "document," and "rule" within legal taxonomy.

**What is the subject matter of this law?**

The law's main subjects include special budgetary adjustment (Credito Especial), the Ministry of Education (MEC), the state of Pernambuco, educational institutions, municipalities, and higher education (Curso Superior). The law digest specifically states it "Transfers to the Union the Nursing School of Recife."

**Where can Law No. 3875 of January 30, 1961 be accessed?**

The full text of the law is available through the official Brazilian government legislation portal at https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3875.htm and through LEXML at the identifier urn:lex:br:federal:lei:1961-01-30;3875.

**What is the relationship between this law and Brazilian education administration?**

This law represents a specific instance of federal intervention in higher education administration, transferring a nursing school from what appears to be state or municipal control to federal (Union) administration, reflecting the federal government's role in organizing and funding higher education institutions across Brazil's federal system.

## Why It Matters

Law No. 3875 of January 30, 1961 matters as a concrete example of how Brazil's federal system functions in practice—specifically, how educational institutions can be transferred between different levels of government. This transfer reflects the broader context of federalization of higher education services in Brazil during the mid-20th century, a period when the federal government was expanding its role in education administration.

The law is significant because it demonstrates the legal mechanism through which the Union (federal government) assumed direct administrative responsibility for a specific educational institution. The Nursing School of Recife, located in the state of Pernambuco (northeastern Brazil), represents an important healthcare education facility whose transfer to federal administration would have implications for nursing education access, funding, and institutional development in the region.

From a legal taxonomy perspective, this statute serves as a real-world example of the broader concept of "statute" as defined in knowledge systems—a formal written document that creates law and manifests statutory law. It exemplifies how statutes function as the concrete, tangible expression of legal rules enacted by governmental authority.

The law also illustrates the operation of Brazil's federal system, where the Union can assume control of institutions previously under state or municipal jurisdiction, particularly in areas like education that are considered fundamental to national development. This particular law occurred during the Kubitschek administration, which was known for significant infrastructure and institutional development projects.

## Notable For

- **Institutional Transfer:** One of the specific legal instruments through which the Brazilian federal government assumed control of a state-level nursing education institution
- **Historical Context:** Enacted during President Juscelino Kubitschek's administration (1956-1961), a period marked by significant national development initiatives
- **Federal Education Administration:** Represents the federalization of higher education services in Brazil's northeastern region
- **Legal Classification:** Serves as a concrete instance of the legal concept of "statute" (estatuto), demonstrating how formal written laws function in the Brazilian legal system
- **Documented Source:** Available through official Brazilian government portals, demonstrating transparency in legal documentation and public access to statutory law

## Body

### Legislative Origin and Authority

Law No. 3875 of January 30, 1961 was promulgated by the Presidency of the Federative Republic of Brazil under the authority of President Juscelino Kubitschek. The law was published in Brasília, which had been the capital of Brazil since 1960, following the transfer from Rio de Janeiro during Kubitschek's administration. The formal legal citation "Lei nº 3875/1961" follows standard Brazilian legislative numbering conventions, indicating the 3,875th law enacted in the year 1961.

### Legal Classification and Nature

This legislation is classified as a statute—a formal written document that creates law. In the hierarchy of Brazilian law, statutes occupy a foundational position as the physical expression of legislative will. The law is categorized under the LEXML Brazil identifier system as urn:lex:br:federal:lei:1961-01-30;3875, which provides a unique semantic identifier for Brazilian legislative texts.

The statute's instance as a "statute" places it within the broader legal taxonomy where it functions as a manifestation of statutory law. Statutes like this one are distinguished from other legal instruments such as decrees, regulations, and judicial decisions, representing the formal expression of legislative authority.

### Subject Matter and Purpose

The law's primary purpose, as indicated by its digest, was to transfer the Nursing School of Recife (Escola de Enfermagem do Recife) to the Union. This action involved the transfer of administrative control of an educational institution from presumably state or municipal jurisdiction to federal (Union) administration.

The main subjects identified for this law include:
- Special budgetary adjustment (Credito Especial) — indicating the financial mechanism used to effect the transfer
- Ministry of Education (MEC) — the federal ministry responsible for education policy
- Pernambuco — the northeastern Brazilian state where the institution is located
- Educational institution — the general category of the entity being transferred
- Municipality — indicating the local governmental context
- Higher education (Curso Superior) — specifying the level of education provided

### Institutional Context

The Nursing School of Recife represented an important healthcare education institution in northeastern Brazil. The transfer of this institution to federal administration reflects a pattern in Brazilian history where the federal government assumed greater responsibility for higher education institutions, particularly those considered strategically important for national development.

The involvement of the Ministry of Education (MEC) indicates that the transferred institution fell under federal education administration, which would have implications for funding, accreditation, curriculum standards, and institutional governance. This federalization process was part of broader efforts to standardize and expand access to higher education across Brazil's diverse regions.

### Jurisdictional Framework

The law applies to the jurisdiction of Brazil as a whole, with specific effect in the state of Pernambuco and the municipality of Recife. As a federal statute, it operates within Brazil's federal system, which divides governmental authority among the Union, states, municipalities, and the Federal District.

The law's passage reflects the constitutional framework of Brazil, which at the time operated under the 1946 Constitution (replaced by the 1988 Constitution). This constitutional framework granted the federal government authority over certain categories of institutions and activities, including the ability to assume administrative control of educational institutions under specific circumstances.

### Documentation and Access

Law No. 3875 of January 30, 1961 is documented in multiple official Brazilian legal databases. The full text is preserved and accessible through the official website of the Brazilian Presidency (https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3875.htm), which maintains a comprehensive archive of federal legislation.

The LEXML system, Brazil's semantic legislation platform, provides structured access to the law through its unique identifier. This system enables semantic querying and cross-referencing of Brazilian legislative texts, supporting legal research and automated processing of legal information.

### Historical Significance

Enacted during the Kubitschek administration, this law fits within a period of significant institutional transformation in Brazil. President Kubitschek's tenure (1956-1961) was marked by ambitious development programs, including the construction of Brasília and efforts to modernize Brazilian infrastructure and institutions.

The transfer of the Nursing School of Recife to federal administration represents a specific example of mid-20th century efforts to expand federal presence in education, particularly in regions like northeastern Brazil that were considered less developed compared to the southern and southeastern regions. This institutional transfer would have provided the federal government with direct influence over nursing education in Pernambuco, potentially expanding access to healthcare training and ultimately improving healthcare services in the region.

### Relationship to Broader Legal Concepts

This statute exemplifies the concept of "legal norm" within the Brazilian legal system—a specific rule created through legislative process that establishes rights, obligations, or administrative arrangements. The law's creation followed the standard legislative process, being preceded by draft legislation and caused by the legislative act itself.

As a statute, Law No. 3875/1961 represents the formal written expression of legal rules, distinct from other sources of law such as custom, jurisprudence, or doctrine. It serves as part of the broader legal framework that governs the organization and administration of Brazil's federal system, particularly regarding the distribution of responsibilities among different levels of government in the education sector.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1961-01-30;3875)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3875&ano=1961&data=30/01/1961&ato=882oXQE5keVRVT9e6)
3. LexML Brasil