# Law No. 5980 of December 12, 1973

> Brazilian law

**Wikidata**: [Q105659918](https://www.wikidata.org/wiki/Q105659918)  
**Source**: https://4ort.xyz/entity/law-no-5980-of-december-12-1973

## Summary
Law No. 5980 of December 12, 1973, is a Brazilian statute enacted during the presidency of Emílio Garrastazu Médici. It authorizes the aforamento (emphyteusis) of Union land to the Companhia Brasileira de Alimentos (COBAL) and addresses related legal provisions regarding the authorization, transfer, and donation of property involving the Federal Government and the State of Guanabara.

## Key Facts
- **Official Title:** Lei nº 5980, de 12 de dezembro de 1973.
- **Legal Citation:** Lei nº 5980/1973.
- **Date of Enactment:** December 12, 1973.
- **Jurisdiction:** Brazil (Federative Republic of Brazil).
- **Class:** Statute (formal written document that creates law).
- **Approving Authority:** Presidency of the Federative Republic of Brazil.
- **Signatory:** Emílio Garrastazu Médici (promulgation).
- **Place of Publication:** Brasília.
- **Language:** Brazilian Portuguese.
- **Primary Subject:** Aforamento (emphyteusis) of Union land to Companhia Brasileira de Alimentos (COBAL).
- **Secondary Subjects:** Authorization, incorporation, gift, transfer, land (terreno), Federal Government (União), and State of Guanabara.
- **LexML ID:** urn:lex:br:federal:lei:1973-12-12;5980.
- **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l5980.htm.
- **WikiProject:** WikiProject Brazilian Laws.

## FAQs
**What is the primary purpose of Law No. 5980/1973?**
The law primarily concerns the aforamento (a type of long-term lease or emphyteusis) of land owned by the Union to the Companhia Brasileira de Alimentos (COBAL). It also establishes other provisions related to this authorization.

**Who enacted and signed this law?**
The statute was approved by the Presidency of the Federative Republic of Brazil. It was promulgated by President Emílio Garrastazu Médici on December 12, 1973.

**Which government entities are involved in this law?**
The law involves the Federal Government of Brazil (referred to as "União Federal") and the State of Guanabara (Estado da Guanabara). It addresses legal interactions such as incorporation, donation, and transfer between these entities.

**Where can the official text of the law be found?**
The official document is available at the Brazilian Presidency's legislation portal (planalto.gov.br) and is cataloged in the LexML system under the identifier `urn:lex:br:federal:lei:1973-12-12;5980`.

**Is this law considered a statute?**
Yes, Law No. 5980 is classified as a statute, which is a formal written document that creates law. As a statute, it is a manifestation of statutory law and is generally in the public domain.

## Why It Matters
Law No. 5980 matters as a specific administrative instrument from the early 1970s that facilitated the allocation of federal real estate to a state-owned company (COBAL). By authorizing the aforamento of Union land, the law played a role in the logistical and infrastructural support of food distribution in Brazil during that period. It also serves as a legal record of the property relations between the Federal Government and the State of Guanabara prior to the latter's merger with Rio de Janeiro. As a statute, it represents the formal exercise of legislative and executive authority in documenting and executing public asset management.

## Notable For
- **Presidential Context:** Being enacted under the administration of Emílio Garrastazu Médici, a significant period in Brazil's military dictatorship era.
- **Specific Legal Mechanism:** Utilizing "aforamento" (emphyteusis) as the legal method for transferring land usage rights from the Union to a specific company.
- **State of Guanabara Reference:** Explicitly mentioning the State of Guanabara (GB) in its provisions, serving as a historical marker of the state's existence before its fusion in 1975.
- **COBAL Relation:** Directly involving the Companhia Brasileira de Alimentos, a key company in Brazil's food supply chain history.
- **Digital Preservation:** Being indexed in the LexML system with a persistent URN, ensuring standardized legal identification and accessibility.

## Body

### Legal Classification and Nature
Law No. 5980 is classified as a **statute**, defined as a formal written document that creates law. As a subclass of "written work" and "document," it functions as the concrete manifestation of statutory law. The document is composed of legal norms and serves as an official record of a legislative act. Like other Brazilian statutes, it is considered to be in the public domain, adhering to the principle that official legal documents are not subject to copyright, thereby ensuring unrestrained public access to the legal text.

### Content and Subject Matter
The law's digest summarizes its primary function: "DISPÕE SOBRE O AFORAMENTO DE TERRENO DA UNIÃO A COMPANHIA BRASILEIRA DE ALIMENTOS-COBAL- E DA OUTRAS PROVIDENCIAS" (Provides for the aforamento of Union land to the Companhia Brasileira de Alimentos-COBAL-and other provisions).

The main subjects identified within the text include:
- **Federal Government of Brazil (União Federal):** The owner of the land being subject to the aforamento.
- **Authorization (Autorização):** The legal act permitting the specific land usage.
- **Incorporação (Incorporation):** The process of adding property or assets to an entity.
- **Doação (Gift):** The transfer of ownership without compensation.
- **Transferencia (Transfer):** The conveyance of rights or property.
- **Terreno (Land):** The physical asset involved in the legal transaction.
- **Guanabara:** The State of Guanabara (GB), which is specifically mentioned in the context of these property transactions.

### Enactment and Authority
The statute was enacted on **December 12, 1973**, through the **Presidency of the Federative Republic of Brazil**. The determination method used was **promulgation**. The specific authority responsible for the approval at that time was President **Emílio Garrastazu Médici**. The place of publication for this law is listed as **Brasília**, the federal capital of Brazil.

### Jurisdiction and Geography
This law applies to the jurisdiction of **Brazil**. It involves administrative actions concerning the **Federal Government** and the **State of Guanabara**. The State of Guanabara, which existed as a distinct state from 1960 to 1975, encompassed the city of Rio de de Janeiro and its surroundings. The law's reference to Guanabara places it geographically within the Southeastern region of Brazil, specifically dealing with federal lands located in that area during the early 1970s.

### Documentation and Access
The law is documented in **Brazilian Portuguese**, the official language of Brazil. It is identified by the LexML Brazil ID `urn:lex:br:federal:lei:1973-12-12;5980`, which provides a standardized identifier for legal information systems.

The work is available at the official URL: `https://www.planalto.gov.br/ccivil_03/leis/1970-1979/l5980.htm`. It is part of the focus list for the **WikiProject Brazilian Laws**, indicating its relevance in the categorization and documentation of Brazilian legal history. The legal citation for this text is **Lei nº 5980/1973**.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1973-12-12;5980)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=5980&ano=1973&data=12/12/1973&ato=002cXVq5EenRVT385)
3. LexML Brasil