# Law No. 2786 of May 21, 1956

> Brazilian law

**Wikidata**: [Q105649446](https://www.wikidata.org/wiki/Q105649446)  
**Source**: https://4ort.xyz/entity/law-no-2786-of-may-21-1956

## Summary
**Law No. 2786 of May 21, 1956** (Lei nº 2786, de 21 de maio de 1956) is a Brazilian federal statute enacted during the presidency of Juscelino Kubitschek. The law functions as a formal legal instrument that alters existing regulations regarding expropriation for public utility, specifically addressing procedures for indemnity, pricing, and tax exemptions. It was published in Rio de Janeiro, then the federal capital, and applies to the jurisdiction of Brazil.

## Key Facts
- **Official Title:** Lei nº 2786, de 21 de maio de 1956
- **Legal Citation:** Lei nº 2786/1956
- **Type of Instrument:** Statute (Federal Law)
- **Date of Publication:** May 21, 1956
- **Approving Authority:** Presidency of the Federative Republic of Brazil
- **Promulgated By:** Juscelino Kubitschek (President)
- **Place of Publication:** Rio de Janeiro, Brazil
- **Jurisdiction:** Brazil
- **Language:** Brazilian Portuguese
- **Primary Subject:** Alters the law on expropriation for public utility (*Altera a lei sobre desapropriação por utilidade pública*)
- **Key Legal Concepts:** Eminent domain (*Desapropriação*), Public Utility (*Utilidade Pública*), Indemnity (*Indenização*), Price (*Preço*), Payment (*Pagamento*), Tax Exemption (*Isenção*), and Taxes (*Impostos*)
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1956-05-21;2786`
- **Official URL:** Available at `https://www.planalto.gov.br/ccivil_03/leis/l2786.htm`
- **Classification:** Defined as a "statute," a formal written document that creates law and serves as a manifestation of statutory law.

## FAQs
**What is the primary purpose of Law No. 2786/1956?**
The law serves to alter existing regulations concerning expropriation for public utility (*desapropriação por utilidade pública*). It specifically addresses changes to legal procedures involving the government's power to take private property for public use.

**Who signed Law No. 2786 into effect?**
The law was promulgated by Juscelino Kubitschek in his capacity as the head of the Presidency of the Federative Republic of Brazil on May 21, 1956.

**Where was this law originally published?**
It was published in Rio de Janeiro, which served as the capital of Brazil until 1960.

**What specific financial and legal topics does the law cover?**
Beyond general expropriation, the statute explicitly addresses concepts of indemnity (compensation), pricing, payment methods, and exemptions from taxes related to the expropriation process.

**How is this law classified in legal databases?**
It is classified as a "statute" and a "federal law" (*Lei Federal*). In structured data systems like Wikidata and Schema.org, it is categorized under legislation and legal acts.

## Why It Matters
Law No. 2786 of May 21, 1956, matters as a specific manifestation of "statutory law" within the Brazilian legal system. It represents the exercise of the state's power of **eminent domain** (expropriação), a fundamental sovereign right that balances private property rights against the needs of public utility. By altering the framework for how expropriation is handled—specifically regarding the calculation of prices, the payment of indemnities, and tax exemptions—the law directly impacts the economic and administrative relationship between the Brazilian state and its citizens.

As a "statute," it embodies the definition of a formal written document created through legislation, serving as the official record of a legal rule enacted by the government. Its enactment by President Juscelino Kubitschek places it within a pivotal era of Brazilian development, reflecting the legal infrastructure required for national progress. Furthermore, its status as public domain content ensures that these legal mandates remain accessible to the public, reinforcing the rule of law and transparency in government operations.

## Notable For
- **Regulation of Eminent Domain:** Specifically modifies the laws governing "expropriation for public utility," a critical function of state sovereignty.
- **Kubitschek Era Legislation:** Represents a legal act promulgated by Juscelino Kubitschek, a prominent figure in Brazilian history known for rapid modernization.
- **Tax and Indemnity Provisions:** Distinguished by its specific focus on financial aspects of law, such as "tax exemption" (*Isenção*), "price" (*Preço*), and "indemnity" (*Indenização*).
- **Rio de Janeiro Publication:** A historical artifact published in Rio de Janeiro when it was still the federal capital (prior to the move to Brasília in 1960).
- **Standard Legal Identifier:** Possesses a structured LexML ID (`urn:lex:br:federal:lei:1956-05-21;2786`), integrating it into the official system of Brazilian legal norms.
- **Statutory Classification:** Serves as a clear example of the "statute" class of legal documents—a formal written rule created by legislation.

## Body

### Definition and Legal Classification
Law No. 2786 of May 21, 1956, is a **statute**, legally defined as a formal written document that creates law. In the hierarchy of legal concepts, it is an instance of a "legal term or legal concept" and a subclass of "written work," "document," and "rule." It functions as the concrete manifestation of statutory law within Brazil. As a statute, it is the result of "legislation" and follows "draft laws" in the legal creation process. It is recognized as a "federal law" (*Lei Federal*), binding within the jurisdiction of the **Federative Republic of Brazil**.

### Historical Context and Enactment
The law was approved and promulgated on **May 21, 1956**, by the **Presidency of the Federative Republic of Brazil**. The acting head of state at the time was **Juscelino Kubitschek**. The official place of publication was **Rio de Janeiro**, which was the capital of Brazil at that time (the capital later transitioned to Brasília on April 22, 1960). This timing places the law squarely in the post-war era of Brazil, a period marked by significant industrial and infrastructural development.

### Subject Matter: Expropriation and Public Utility
The core function of Law No. 2786 is to "Alter the Law on Expropriation for Public Utility" (*ALTERA A LEI SOBRE DESAPROPRIAÇÃO POR UTILIDADE PUBLICA*). This places the statute within the domain of **eminent domain** (desapropriação), the power of the state to seize private property for public use.

The law addresses several interconnected legal concepts essential to this process:
-   **Public Utility (*Utilidade Publica*):** The justification required for the state to intervene in private property rights.
-   **Indemnity (*Indenização*):** The compensation required to be paid to the property owner.
-   **Price (*Preço*) and Payment (*Pagamento*):** The mechanisms for valuing and transferring funds during the expropriation.
-   **Tax Exemption (*Isenção*) and Taxes (*Impostos*):** Provisions regarding the tax implications of these transactions.

### Jurisdiction and Context
The statute applies to the country of **Brazil**. Brazil is the largest country in South America, a federal republic with Portuguese as its official language. At the time of the law's enactment in 1956, Brazil was operating under the 1946 constitution (which preceded the 1988 constitution currently in force). The law is a product of the Brazilian legislative system, which includes the National Congress (comprising the Federal Senate and Chamber of Deputies) and is ultimately overseen by the Supreme Federal Court (STF).

### Identification and Access
The law is indexed and accessible through various structured data systems:
-   **LexML Brazil ID:** `urn:lex:br:federal:lei:1956-05-21;2786`
-   **Legal Citation:** *Lei nº 2786/1956*
-   **Official Resource:** The full text is available at the official government portal `https://www.planalto.gov.br/ccivil_03/leis/l2786.htm`.
-   **Language:** The text is written in **Brazilian Portuguese**.
-   **WikiProject:** It is listed on the "WikiProject Brazilian Laws," indicating its relevance in collaborative knowledge organization.

As a government document (edict of government), the text of this statute is generally considered to be in the **public domain**, ensuring unrestricted access to the legal rules governing the public.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1956-05-21;2786)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=2786&ano=1956&data=21/05/1956&ato=863ITVU50dNRVT899)
3. LexML Brasil