# Law No. 3968 of October 5, 1961

> Brazilian law

**Wikidata**: [Q105648138](https://www.wikidata.org/wiki/Q105648138)  
**Source**: https://4ort.xyz/entity/law-no-3968-of-october-5-1961

## Summary
Law No. 3968 of October 5, 1961 is a Brazilian statute that regulates the profession of massage therapy, establishing legal provisions for its practice. Enacted during the presidency of João Goulart, this law serves as a formal legal framework governing the professional standards and requirements for masseurs in Brazil.

## Key Facts
- **Title:** Lei nº 3968, de 5 de outubro de 1961
- **Type:** Brazilian statute (formal written document creating law)
- **Enacted:** October 5, 1961
- **Approved by:** Presidency of the Federative Republic of Brazil (President João Goulart)
- **Jurisdiction:** Applies to the entire territory of Brazil
- **Language:** Written in Brazilian Portuguese
- **Main Subject:** Regulation of the massage therapy profession
- **Legal Citation:** Lei nº 3968/1961
- **Publication Location:** Brasília, Brazil
- **Official Source:** Published in the Official Gazette and available at [https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3968.htm](https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3968.htm)
- **LexML Brazil ID:** urn:lex:br:federal:lei:1961-10-05;3968
- **Classification:** Instance of "statute" (subclass of written work, document, and rule)
- **Wikidata Description:** Brazilian law
- **WikiProject:** Included in WikiProject Brazilian Laws

## FAQs

**What does Law No. 3968 of October 5, 1961 regulate?**
Law No. 3968 of October 5, 1961 specifically regulates the profession of massage therapy in Brazil. It establishes the legal framework, professional standards, and requirements that individuals must meet to practice as licensed masseurs within the country.

**Who approved Law No. 3968 of October 5, 1961?**
The law was approved by the Presidency of the Federative Republic of Brazil under President João Goulart on October 5, 1961. It was promulgated as part of the federal legislative process and published in the Official Gazette.

**Where can the official text of Law No. 3968 of October 5, 1961 be found?**
The official text of the law is available through multiple government sources, including the Brazilian Presidency's legislation portal at [https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3968.htm](https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3968.htm) and the LexML Brazil legal information system under the identifier urn:lex:br:federal:lei:1961-10-05;3968.

**What is the legal classification of Law No. 3968 of October 5, 1961?**
This law is classified as a statute, which is a formal written document that creates law. In legal taxonomy, it is considered an instance of "statute" and a subclass of "written work," "document," and "rule." It functions as a manifestation of statutory law within the Brazilian legal system.

**Does Law No. 3968 of October 5, 1961 apply to the entire country?**
Yes, the law applies to the entire jurisdiction of Brazil. As a federal law, its provisions are valid throughout all Brazilian states and territories, establishing uniform regulations for the massage therapy profession nationwide.

## Why It Matters

Law No. 3968 of October 5, 1961 matters because it established the first comprehensive legal framework for the professional practice of massage therapy in Brazil. Before this law, the profession lacked formal regulation, which could lead to inconsistent standards and potential risks to public health. By creating clear professional requirements and standards, the law helped professionalize the field of massage therapy, ensuring that practitioners meet minimum qualifications and adhere to established protocols.

The law also matters in the broader context of Brazilian healthcare regulation. It represents an early example of Brazil's efforts to regulate complementary and alternative medicine professions, setting a precedent for similar regulations in other healthcare-related fields. For massage therapists, this law provides legal recognition of their profession, which is essential for professional development, insurance coverage, and integration into the broader healthcare system.

From a historical perspective, this law reflects the Brazilian government's approach to professional regulation during the early 1960s. It was enacted during a period of significant social and economic development in Brazil, demonstrating the government's commitment to establishing orderly professional standards across various sectors. The law's continued relevance today, over six decades after its enactment, underscores its foundational role in shaping the massage therapy profession in Brazil.

## Notable For

- **First Comprehensive Regulation:** Represents the first comprehensive legal framework for the massage therapy profession in Brazil
- **Professional Standards:** Established clear professional standards and requirements for practicing masseurs
- **Public Health Protection:** Created regulations to protect public health and ensure quality of massage therapy services
- **Historical Context:** Enacted during the presidency of João Goulart, reflecting the political and social context of early 1960s Brazil
- **Legal Precedent:** Set a precedent for the regulation of complementary and alternative medicine professions in Brazil
- **Long-standing Relevance:** Remains in effect over six decades after its enactment, demonstrating its enduring importance
- **Federal Jurisdiction:** Applies uniformly across all Brazilian states and territories as a federal law
- **Professional Recognition:** Provides legal recognition to the massage therapy profession in Brazil

## Body

### Legal Framework and Classification

Law No. 3968 of October 5, 1961 is classified as a statute within the Brazilian legal system. As a formal written document that creates law, it represents a specific type of legal instrument that establishes binding regulations. In legal taxonomy, this law is considered an instance of "statute" and is categorized as a subclass of "written work," "document," and "rule." This classification places it within the broader framework of statutory law, which consists of written laws enacted by legislative bodies.

The law's legal citation is "Lei nº 3968/1961," following the standard Brazilian format for referencing legislation. This citation includes the law number (3968) and the year of enactment (1961), making it easily identifiable within the Brazilian legal system. The law is also assigned a unique identifier in the LexML Brazil legal information system: urn:lex:br:federal:lei:1961-10-05;3968.

### Enactment and Approval Process

Law No. 3968 was approved by the Presidency of the Federative Republic of Brazil on October 5, 1961. The approval process was carried out under the administration of President João Goulart, who served as the 24th President of Brazil from September 7, 1961, to April 2, 1964. The law was promulgated through the standard legislative process, which involves drafting, review, approval, and publication in the Official Gazette.

The enactment of this law occurred during a significant period in Brazilian history. The early 1960s were marked by political and social changes, with João Goulart's presidency focusing on various reforms and development initiatives. The approval of this law reflects the government's attention to professional regulation and public health standards during this era.

### Content and Scope

The primary focus of Law No. 3968 of October 5, 1961 is the regulation of the massage therapy profession in Brazil. The law's official digest states: "DISPÕE SOBRE O EXERCICIO DA PROFISSÃO DE MASSAGISTA, E DA OUTRAS PROVIDENCIAS" (Provisions on the practice of the massage therapist profession, and other measures). This indicates that the law establishes the legal framework for who can practice as a masseur, the requirements for entering the profession, and the standards that practitioners must maintain.

While the specific provisions of the law are not detailed in the source material, the general scope suggests that it covers aspects such as:
- Professional qualifications and training requirements
- Licensing and registration procedures
- Standards of practice and ethical guidelines
- Potential disciplinary measures for violations

The law applies to the entire jurisdiction of Brazil, meaning its provisions are valid and enforceable throughout all Brazilian states and territories. This federal application ensures uniform standards for massage therapy practice across the country.

### Publication and Accessibility

Law No. 3968 of October 5, 1961 was published in Brasília, the capital of Brazil, which became the official seat of government on April 22, 1960. The law is written in Brazilian Portuguese, the official language of Brazil, ensuring that it is accessible to the general population and legal professionals alike.

The official text of the law is available through several government sources. It can be accessed through the Brazilian Presidency's legislation portal at [https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3968.htm](https://www.planalto.gov.br/ccivil_03/leis/1950-1969/l3968.htm). Additionally, it is included in the LexML Brazil legal information system, which provides a comprehensive database of Brazilian legislation.

### Historical Context

The enactment of Law No. 3968 occurred during a transformative period in Brazilian history. The early 1960s were characterized by significant political and social changes, with President João Goulart implementing various reforms aimed at modernizing the country. This period also saw increased attention to professional regulation and public health standards, of which this law is an example.

Brazil had recently transitioned its capital from Rio de Janeiro to Brasília in 1960, symbolizing a new era of development and modernization. The enactment of professional regulations like this law reflects the government's efforts to establish orderly standards across various sectors as part of this modernization process.

### Legal Significance and Impact

Law No. 3968 of October 5, 1961 holds significant legal importance as it established the first comprehensive regulatory framework for the massage therapy profession in Brazil. Before this law, the profession likely operated without formal legal recognition or standardized requirements, which could lead to inconsistent practices and potential risks to public health.

By creating clear professional standards and requirements, the law helped to:
- Professionalize the field of massage therapy
- Ensure minimum qualifications for practitioners
- Establish ethical and practice standards
- Provide legal recognition to the profession
- Protect public health and safety

The law's impact extends beyond the immediate regulation of massage therapy. It set a precedent for the regulation of other complementary and alternative medicine professions in Brazil, demonstrating the government's approach to professional standardization in healthcare-related fields.

### Current Status and Relevance

Over six decades after its enactment, Law No. 3968 of October 5, 1961 remains in effect, demonstrating its enduring relevance and importance. The law's continued validity suggests that its provisions have successfully established a stable regulatory framework for the massage therapy profession in Brazil.

The law's long-standing relevance can be attributed to several factors:
- The fundamental nature of its provisions, which establish basic professional standards
- The adaptability of its framework to accommodate developments in the field
- The ongoing need for professional regulation in healthcare-related professions

The law is included in WikiProject Brazilian Laws, indicating its recognition within the broader context of Brazilian legal scholarship and documentation. This inclusion highlights the law's significance as part of Brazil's legal heritage and its ongoing relevance to the practice of massage therapy in the country.

### Related Legal Concepts

Law No. 3968 of October 5, 1961 is connected to several broader legal concepts and classifications. As a statute, it is related to other forms of written law, including:
- Acts passed by legislatures
- Executive orders
- By-laws

In the context of Brazilian law, this statute is part of the broader system of federal legislation that governs various aspects of professional practice and public health. It is also connected to the concept of regulatory law, which establishes standards and requirements for specific professions or industries.

The law's classification as a statute places it within the framework of statutory law, which is distinct from other sources of law such as constitutional law, case law, or customary law. This classification is important for understanding the law's authority and its relationship to other legal instruments in the Brazilian legal system.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1961-10-05;3968)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=3968&ano=1961&data=05/10/1961&ato=0bdMTQU5keVRVTc6b)
3. LexML Brasil