# Law No. 6306 of December 15, 1975

> Brazilian law

**Wikidata**: [Q105649848](https://www.wikidata.org/wiki/Q105649848)  
**Source**: https://4ort.xyz/entity/law-no-6306-of-december-15-1975

## Summary
Law No. 6306 of December 15, 1975, is a Brazilian statute enacted to modify existing regulations concerning eminent domain and real property. Specifically, it amended Paragraph 2 of Article 26 of Decree-Law 3.365, a foundational legal document dating back to 1941. Promulgated by President Ernesto Geisel, this law establishes updated legal norms for public utility and inflation accounting within the Brazilian legislative framework.

## Key Facts
- **Official Title:** Lei nº 6306, de 15 de dezembro de 1975.
- **Classification:** Statute (a formal written document that creates law and serves as a manifestation of statutory law).
- **Jurisdiction:** Federative Republic of Brazil.
- **Date of Promulgation:** December 15, 1975.
- **Approving Authority:** Presidency of the Federative Republic of Brazil, specifically signed by Ernesto Geisel.
- **Primary Legal Function:** Amends Paragraph 2 of Article 26 of Decree-Law 3.365 (originally enacted June 21, 1941).
- **Core Subjects:** Eminent domain (Desapropriação), real property (Imóvel), inflation accounting (Correção Monetária), and public utility (Utilidade Pública).
- **Language:** Brazilian Portuguese.
- **Place of Publication:** Brasília, Brazil.
- **Unique Identifier:** LexML Brazil ID `urn:lex:br:federal:lei:1975-12-15;6306`.
- **Legal Citation:** Lei nº 6306/1975.
- **Digital Access:** Available via the official Planalto government portal (planalto.gov.br).
- **Taxonomic Category:** Subclass of "written work," "document," and "rule."

## FAQs
**What is the primary purpose of Law No. 6306?**
This statute was enacted to alter specific provisions of Decree-Law 3.365 from 1941, which governs the process of eminent domain in Brazil. It specifically updates Paragraph 2 of Article 26 to refine how legal norms regarding property acquisition and public utility are applied.

**Who authorized this law and where was it published?**
The law was approved and promulgated by Ernesto Geisel during his tenure as the President of the Federative Republic of Brazil. It was officially issued in the capital city of Brasília on December 15, 1975.

**What specific legal topics does this statute cover?**
Law No. 6306 addresses several interconnected legal concepts, including the state's power of eminent domain (desapropriação), the regulation of real property (imóvel), and the application of inflation accounting (correção monetária). It serves as a formal "change" (alteração) to the existing legislative framework regarding public utility.

## Why It Matters
Law No. 6306 represents a significant legislative update to Brazil's framework for eminent domain, a critical area where government authority intersects with private property rights. By amending a decree-law from 1941, it modernized the rules governing how the state acquires property for public utility. The inclusion of inflation accounting (correção monetária) as a subject was particularly relevant for ensuring that financial valuations of property remained accurate within the economic context of the mid-1970s. As a statute, it provides the definitive written evidence of these legal norms, serving as a reference for courts, administrators, and citizens regarding property disputes and state acquisitions.

## Notable For
- **Legislative Amendment:** Specifically targets and modifies Decree-Law 3.365, which is the primary legislation governing eminent domain in Brazil.
- **Presidential Promulgation:** Signed into law by Ernesto Geisel, a key figure in Brazil's political history.
- **LexML Integration:** Indexed under the specialized Brazilian legal identifier system (LexML) for standardized digital access.
- **Focus on Property Rights:** Centralizes legal standards for "Desapropriação" (eminent domain) and "Utilidade Pública" (public utility).
- **WikiProject Recognition:** Identified as a significant entry within the focus list of the WikiProject Brazilian Laws.
- **Global Equivalency:** Classified as an equivalent to the `https://schema.org/Legislation` web ontology.

## Body

### Legislative Context and Classification
Law No. 6306 is formally classified as a **statute**, which is defined as a formal written document that creates law. In legal taxonomy, it is a subclass of "written work," "document," and "rule," and serves as the concrete manifestation of statutory law. As a statute, it is composed of "legal norms" and is a functional part of the broader concepts of "law" and "legal act." Its creation followed the standard legislative path, beginning as a "draft law" before being enacted through the process of legislation. In the digital realm, it is modeled as an equivalent to the `https://schema.org/Legislation` class.

### Scope and Subject Matter
The primary focus of Law No. 6306 is the regulation of **eminent domain** (desapropriação). It provides the legal framework for the state to acquire **real property** (imóvel) when it is deemed a matter of **public utility** (utilidade pública). A critical technical component of this law is its address of **inflation accounting** (correção monetária), which ensures that the financial aspects of property valuation and compensation are adjusted according to statutory standards. The law is categorized under several subject headers in legal databases, including "Legislação" (legislation) and "Alteração" (change).

### Historical and Administrative Details
The law was promulgated on **December 15, 1975**, in **Brasília**, the federal capital of Brazil. It was approved by the **Presidency of the Federative Republic of Brazil**, with **Ernesto Geisel** serving as the presiding authority. The document is written in **Brazilian Portuguese** and is officially cited in legal texts as **Lei nº 6306/1975**. For administrative and research purposes, it is assigned the LexML Brazil ID `urn:lex:br:federal:lei:1975-12-15;6306`. The full text of the work is maintained by the Brazilian government and is available at the official Planalto website.

### Relationship to Existing Legislation
Law No. 6306 functions as an amendment to a much older piece of legislation. Its legal digest specifies that it **alters Paragraph 2 of Article 26 of Decree-Law 3.365**, which was originally enacted on June 21, 1941. This relationship highlights the law's role in the ongoing evolution of the Brazilian legal system, where statutes are used to refine and update the "acts, executive orders, and by-laws" that constitute the nation's statutory law.

### Jurisdictional and Global Legal Context
While Law No. 6306 applies specifically to the jurisdiction of **Brazil**, it shares characteristics with statutes globally. In many legal systems, including those of the United States and France, such official legislative enactments are considered to be in the **public domain** under the "edict of government doctrine." This policy ensures that official legal documents—including legislative enactments and administrative rulings—are not subject to copyright, allowing the public unrestrained access to the laws they must follow. Brazil itself is a federal republic and the largest country in South America, having declared independence in 1822. Its legal instruments, like Law No. 6306, are the primary means through which government authority is formally exercised and recorded.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1975-12-15;6306)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=6306&ano=1975&data=15/12/1975&ato=df0MzYq5UMnRVT66b)
3. LexML Brasil