# Law No. 5734 of November 16, 1971

> Brazilian law

**Wikidata**: [Q105659809](https://www.wikidata.org/wiki/Q105659809)  
**Source**: https://4ort.xyz/entity/law-no-5734-of-november-16-1971

## Summary
Law No. 5734 of November 16, 1971 is a Brazilian federal statute that reinstated the National Cancer Institute (Instituto Nacional do Câncer) within the Ministry of Health. Promulgated by President Emílio Garrastazu Médici during Brazil's military regime, this legislation applies to federal direct administration and was published in the capital city of Brasília.

## Key Facts
- **Official Title:** Lei nº 5734, de 16 de novembro de 1971
- **Enactment Date:** November 16, 1971
- **Promulgating Authority:** Presidency of the Federative Republic of Brazil, signed by President Emílio Garrastazu Médici
- **Classification:** Federal statute (Brazilian law)
- **Jurisdiction:** Federative Republic of Brazil
- **Language:** Brazilian Portuguese
- **Digest/Summary:** REINCLUI, NO MINISTERIO DA SAUDE, O INSTITUTO NACIONAL DO CANCER E DA OUTRAS PROVIDENCIAS (Re-includes in the Ministry of Health the National Cancer Institute and provides other measures)
- **Main Subjects:** Direct Administration (Administração Direta); Ministry of Health of Brazil (Ministério da Saúde - MS)
- **Legal Citation:** Lei nº 5734/1971
- **LexML Brazil ID:** urn:lex:br:federal:lei:1971-11-16;5734
- **Place of Publication:** Brasília
- **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l5734.htm
- **WikiProject Classification:** WikiProject Brazilian Laws

## FAQs
**What is the purpose of Law No. 5734/1971?**
The law reestablished the National Cancer Institute (Instituto Nacional do Câncer) as part of the Ministry of Health's direct administration structure, reversing a prior administrative change that had removed it.

**Who signed Law No. 5734/1971 into effect?**
The statute was promulgated by President Emílio Garrastazu Médici, who served as the head of Brazil's military government from 1969 to 1974.

**Where can the official text of this law be accessed?**
The full legal text is available at the official Brazilian government portal (Planalto) at https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l5734.htm and is indexed under LexML Brazil ID urn:lex:br:federal:lei:1971-11-16;5734.

**What type of legal instrument is this?**
Law No. 5734 is classified as a federal statute—a formal written document that creates law within Brazil's legislative framework—and applies to national jurisdiction.

## Why It Matters
Law No. 5734 holds institutional significance in Brazilian public health administration by formally restoring the National Cancer Institute (INCa) to the Ministry of Health's organizational structure. During the early 1970s, Brazil's military government was restructuring federal agencies, and this legislation reversed a previous administrative decision that had moved or reclassified the cancer institute. The reinstatement signaled governmental recognition of cancer treatment and research as priorities within the federal health apparatus.

From a legal-historical perspective, this law exemplifies the administrative mechanisms used during Brazil's military dictatorship (1964–1985), where presidential decrees and statutes frequently reorganized executive branch agencies. The law's specific focus on direct administration (Administração Direta) indicates it pertained to agencies directly controlled by the federal government rather than autonomous or semi-autonomous entities.

The statute remains part of Brazil's legal heritage and is indexed in modern digital legal databases including the official LexML system, reflecting ongoing accessibility for legal researchers, historians, and healthcare policy analysts.

## Notable For
- **Institutional Restoration:** Reinstated the National Cancer Institute within the Ministry of Health during a period of significant federal administrative restructuring
- **Military Era Legislation:** Represents a specific legislative act from the Médici presidency (1969–1974), one of the most repressive periods of Brazil's military regime
- **Digital Preservation:** Maintained in contemporary Brazilian legal databases (LexML and Planalto portal) with standardized identifiers for modern access
- **Administrative Classification:** Explicitly targets "direct administration" agencies, distinguishing it from legislation affecting indirect or autonomous federal entities
- **Healthcare Policy Foundation:** Contributed to the organizational basis for Brazil's national cancer treatment and research infrastructure

## Body

### Legislative Context and Historical Background
Law No. 5734 was promulgated on November 16, 1971, during the presidency of Emílio Garrastazu Médici, the third president of Brazil's military regime. This period (1969–1974) was characterized by significant centralization of federal authority and administrative restructuring across multiple government sectors.

The statute emerged from the executive branch's authority to reorganize federal agencies within the direct administration framework. The law's digest explicitly states its purpose: "REINCLUI, NO MINISTERIO DA SAUDE, O INSTITUTO NACIONAL DO CANCER E DA OUTRAS PROVIDENCIAS" (Re-includes in the Ministry of Health the National Cancer Institute and provides other measures). This indicates that the National Cancer Institute had previously been removed or transferred from the Ministry's direct purview, and this legislation reversed that decision.

### Institutional Subject: National Cancer Institute (INCa)
The primary subject of this legislation is the National Cancer Institute (Instituto Nacional do Câncer or INCa), a federal agency dedicated to cancer research, treatment, and policy in Brazil. By reinstating INCa within the Ministry of Health's direct administration, the law ensured centralized federal oversight of the institute's operations and budget.

The Ministry of Health (Ministério da Saúde - MS) is explicitly named as a main subject of the legislation, reflecting the administrative relationship between the ministry and the cancer institute. The classification of this as "direct administration" (Administração Direta) signifies that INCa operates as a direct arm of the federal government rather than as a semi-autonomous agency or public enterprise.

### Legal Classification and Structure
As a statute (statute class), Law No. 5734 represents a formal written document that creates or modifies law within the Brazilian legal system. Statutes are foundational legal instruments that serve as manifestations of statutory law and contain legal norms as constituent parts.

Key legal classifications:
- **Instance of:** Statute (federal law)
- **Jurisdiction:** Brazil (national/federal level)
- **Language:** Brazilian Portuguese
- **Legal Citation:** Lei nº 5734/1971
- **LexML Identifier:** urn:lex:br:federal:lei:1971-11-16;5734

The statute follows standard Brazilian legislative citation conventions, incorporating the law number (5734), the full date of promulgation (16 de novembro de 1971), and the official legal citation format (Lei nº 5734/1971).

### Publication and Official Records
The law was published in Brasília, the federal capital of Brazil since 1960. Publication in the capital is standard procedure for federal legislation, ensuring official dissemination to government agencies and the public.

The legislation is preserved and accessible through multiple official channels:
- **Planalto Portal:** The Civil House of the Presidency maintains the official text at https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l5734.htm
- **LexML Brazil:** The Brazilian Legal Information System provides standardized identification through URN (Uniform Resource Name): urn:lex:br:federal:lei:1971-11-16;5734
- **Presidential Archives:** Indexed under the Presidency's legislative database with specific reference code: ato=117ETUU50MjRVTc26

### Relationship to Brazilian Legal Framework
Law No. 5734 operates within Brazil's broader legal system as a federal statute with nationwide application. Brazil, as a federal republic established by its 1988 Constitution (though existing in earlier republican forms since 1889), maintains a hierarchical legal structure where federal statutes apply across all states and territories.

The law's jurisdiction explicitly encompasses the entire Federative Republic of Brazil, as confirmed by references in both LexML and official presidential archives. This nationwide scope distinguishes it from state-level or municipal legislation.

### Contemporary Access and Digital Preservation
Modern access to Law No. 5734 is facilitated through Brazil's digital legal infrastructure:

- **LexML Brazil:** Part of the Brazilian Legal Information System, which provides standardized identifiers and cross-referencing for all federal legislation
- **Planalto Civil House:** The official presidential website hosts the digitized text in the 1970–1979 legislation collection
- **WikiProject Brazilian Laws:** The statute is categorized within Wikimedia projects dedicated to documenting Brazilian legislation, facilitating collaborative research and cross-referencing

References to the law in contemporary databases cite retrieval dates in 2021, indicating active maintenance and accessibility of the legal text for modern research purposes.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1971-11-16;5734)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=5734&ano=1971&data=16/11/1971&ato=117ETUU50MjRVTc26)
3. LexML Brasil