# Law No. 7074 of December 21, 1982

> Brazilian law

**Wikidata**: [Q105649904](https://www.wikidata.org/wiki/Q105649904)  
**Source**: https://4ort.xyz/entity/law-no-7074-of-december-21-1982

## Summary

Law No. 7074 of December 21, 1982 is a Brazilian federal statute that authorizes the National Institute of Colonization and Agrarian Reform (INCRA) to sell or donate real estate properties under specified conditions. Promulgated by President João Figueiredo on December 21, 1982, this law represents a specific legislative action within Brazil's agrarian reform framework and is classified as a statute—a formal written document that creates law. The law was published in Brasília and is identified by the legal citation "Lei nº 7074/1982" and the LEXML Brazil identifier "urn:lex:br:federal:lei:1982-12-21;7074."

## Key Facts

- **Official Title:** Lei nº 7074, de 21 de dezembro de 1982
- **Legal Citation:** Lei nº 7074/1982
- **Date of Enactment:** December 21, 1982
- **Place of Publication:** Brasília, Brazil
- **Promulgating Authority:** Presidency of the Federative Republic of Brazil
- **Signing Official:** João Figueiredo (President of Brazil)
- **Determination Method:** Promulgation
- **LEXML Brazil ID:** urn:lex:br:federal:lei:1982-12-21;7074
- **Classification:** Statute (instance of "statute" class)
- **Jurisdiction:** Brazil (applies to the Federative Republic of Brazil)
- **Language:** Brazilian Portuguese
- **Primary Subject Matter:** Authorization for the sale and donation of real estate properties
- **Issuing Body:** INCRA (Instituto Nacional de Colonização e Reforma Agrária / National Institute of Colonization and Agrarian Reform)
- **Official Source URLs:** https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7074.htm; https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=7074&ano=1982&data=21/12/1982&ato=993QTTU9ENrRVTe41

## FAQs

**What does Law No. 7074 of December 21, 1982 do?**

Law No. 7074 of December 21, 1982 authorizes the National Institute of Colonization and Agrarian Reform (INCRA) to sell or donate real estate properties (bens imóveis) under specific conditions outlined in the legislation. This law falls within Brazil's broader agrarian reform framework, which addresses land distribution and colonization policies.

**Who enacted Law No. 7074 of December 21, 1982?**

The law was promulgated by President João Figueiredo, who served as President of Brazil from 1979 to 1985. The determination method was formal promulgation, making it an official act of the federal executive branch working in conjunction with the legislative process.

**What is INCRA, and why is this law significant for it?**

INCRA (Instituto Nacional de Colonização e Reforma Agrária) is Brazil's National Institute of Colonization and Agrarian Reform, a federal agency responsible for implementing agrarian reform policies, including land distribution to landless farmers and settlers. Law No. 7074 grants INCRA specific authority to dispose of real estate assets through sales or donations, enabling the agency to manage its property portfolio in support of agrarian reform objectives.

**What is the legal classification of Law No. 7074 of December 21, 1982?**

This law is classified as a "statute" (estatuto), which is a formal written document that creates law, encompassing acts, executive orders, and by-laws. In the context of Brazilian law, it represents a federal law (lei federal) enacted through the standard legislative process and formally promulgated by the President.

**Where can Law No. 7074 of December 21, 1982 be accessed?**

The full text of the law is available through official Brazilian government sources, including the Presidency's legislation portal (legislacao.presidencia.gov.br) and the official website of the Federal Government (planalto.gov.br). It is also indexed in the LEXML system, which is Brazil's centralized legal information repository.

## Why It Matters

Law No. 7074 of December 21, 1982 matters because it represents a specific legislative mechanism within Brazil's agrarian reform framework, one of the most significant and politically contentious policy areas in Brazilian history. By authorizing INCRA to sell or donate real estate properties, this law empowered the federal government to manage and redistribute land—a process that has shaped Brazilian society, economy, and politics for decades.

The law was enacted during a period of military rule in Brazil (1964-1985), when agrarian reform was a major policy focus aimed at addressing land concentration and rural poverty. INCRA, created in 1970, serves as the primary federal agency responsible for implementing land reform initiatives, and Laws like No. 7074 provided the legal tools necessary for the agency to carry out its mandate effectively.

The significance of this legislation extends to its role in property law and administrative law within Brazil. By specifying conditions under which INCRA could dispose of real estate assets, the law established parameters for government property management within the agrarian reform context. This touches on fundamental questions of land ownership, use, and redistribution that have been central to Brazil's social and economic development.

Furthermore, as a formal statute, Law No. 7074 demonstrates how Brazilian federal law is structured and promulgated, serving as an example of the legislative process during the military government period. The law's inclusion in official legal databases and its continued accessibility through government portals underscores its enduring legal validity and relevance.

## Notable For

- **Agrarian Reform Authority:** Grants INCRA specific powers to dispose of real estate assets in support of agrarian reform objectives
- **Historical Context:** Enacted during Brazil's military government period (1979-1985), a time when agrarian reform was a major policy priority
- **Legal Classification:** Demonstrates the formal structure of Brazilian federal statutes, including proper legal citation (Lei nº 7074/1982) and official identifiers
- **Official Documentation:** Maintained in multiple official government databases, ensuring continued accessibility and legal validity
- **Property Law Application:** Illustrates the intersection between administrative law and property law in Brazilian governance

## Body

### Legislative Origin and Enactment

Law No. 7074 of December 21, 1982 was enacted during Brazil's military dictatorship period, specifically under the presidency of João Figueiredo, who served from 1979 to 1985. This era represented the final phase of military rule in Brazil, a period characterized by centralized decision-making and significant legislative activity in areas including agrarian reform, economic development, and administrative reorganization.

The law was formally promulgated by the Presidency of the Federative Republic of Brazil, with President João Figueiredo providing the official signature on December 21, 1982. The determination method recorded for this legislative action is "promulgation," which in Brazilian legal practice refers to the formal act of ordering a law to be executed and published, typically following legislative approval.

The official publication occurred in Brasília, which had been Brazil's capital since 1960, replacing Rio de Janeiro. This publication in the federal capital signifies the law's status as a federal statute applicable throughout Brazilian territory.

### Legal Text and Purpose

The law's digest, as recorded in legal databases, states: "AUTORIZA O INSTITUTO NACIONAL DE COLONIZAÇÃO E REFORMA AGRARIA - INCRA A VENDER OU DOAR BENS IMOVEIS, NAS CONDIÇÕES QUE ESPECIFICA." This translates to: "AUTHORIZES THE NATIONAL INSTITUTE OF COLONIZATION AND AGRARIAN REFORM - INCRA TO SELL OR DONATE REAL ESTATE PROPERTIES, UNDER THE CONDITIONS SPECIFIED."

The primary subjects of this legislation, as indexed in legal databases, include:
- **Alienação** (Alienation) - referring to the transfer of property ownership
- **Autorização** (Authorization) - the granting of legal permission
- **Doação** (Donation/Gift) - the transfer of property without compensation

These subjects indicate that the law provides INCRA with flexibility in how it disposes of real estate assets—either through sale (alienation) or donation—depending on the specific circumstances and policy objectives.

### The Institutional Context: INCRA

The National Institute of Colonization and Agrarian Reform (Instituto Nacional de Colonização e Reforma Agrária, commonly known by its acronym INCRA) is a federal agency created in 1970 during the military government period. INCRA is responsible for:
- Implementing agrarian reform programs in Brazil
- Managing public lands
- Organizing and supporting agricultural settlements
- Regularizing land ownership in rural areas
- Promoting sustainable development in rural regions

Law No. 7074 represents one of many legislative instruments that have empowered INCRA to carry out its mandate. By authorizing the sale or donation of real estate properties, the law enables INCRA to:
- Dispose of properties no longer needed for agrarian reform purposes
- Transfer lands to qualifying beneficiaries
- Manage its portfolio of real estate assets efficiently
- Support settlement programs and land distribution initiatives

### Classification and Legal Framework

In the hierarchy of Brazilian law, Law No. 7074 of December 21, 1982 is classified as a federal statute (lei federal), which represents primary legislation enacted by the federal government. It is categorized as a "statute" (estatuto) in legal knowledge systems—a formal written document that creates law, as distinguished from other legal instruments such as decrees, regulations, or judicial decisions.

The law applies to the jurisdiction of Brazil, specifically the Federative Republic of Brazil, meaning it is binding throughout the national territory. As a federal law, it takes precedence over state and municipal legislation in areas within its competence, particularly those related to agrarian reform and federal property management.

The language of the work is Brazilian Portuguese, which is the official language of Brazil and the standard for all federal legislation.

### Official Identifiers and Sources

Law No. 7074 of December 21, 1982 is identified through multiple official systems:

- **Legal Citation:** Lei nº 7074/1982 (the standard format for citing Brazilian federal laws)
- **LEXML Brazil ID:** urn:lex:br:federal:lei:1982-12-21;7074 (a unique identifier in Brazil's legal XML schema)
- **Official Website:** https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7074.htm (the official portal of the Federal Government)
- **Presidency Legislation Portal:** https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=7074&ano=1982&data=21/12/1982&ato=993QTTU9ENrRVTe41

These identifiers ensure the law's traceability and accessibility within Brazil's legal information infrastructure, which includes databases such as LEXML (Legal XML), the official system for managing Brazilian legal metadata.

### Relationship to Broader Legal Concepts

Law No. 7074 exists within a broader framework of Brazilian legal concepts:

- **Statute:** The law is an instance of the legal concept of a "statute"—a formal written document that creates law, including acts, executive orders, and by-laws. Statutes are the physical or formal expression of legal rules enacted by government authority.

- **Statutory Law:** As a statute, Law No. 7074 is part of Brazil's statutory law (direito statutory), which encompasses all laws enacted by the legislative branch and promulgated by the executive.

- **Agrarian Reform Legislation:** The law is part of a larger body of legislation related to agrarian reform (reforma agrária), which has been a persistent theme in Brazilian politics since the 1960s, addressing the concentration of land ownership and seeking to provide land to landless rural workers.

- **Public Property Law:** The law intersects with rules governing public property (bens públicos), including the disposal of real estate assets held by federal agencies.

### Historical Significance

The enactment of Law No. 7074 in 1982 reflects a specific moment in Brazilian history. By 1982, Brazil had been under military rule for nearly two decades. The military government had implemented various agrarian reform programs, though the pace and scope of land redistribution remained subjects of political debate.

The law's authorization for INCRA to sell or donate properties represents a pragmatic approach to land management, allowing the agency to:
- Adjust its property holdings based on changing policy priorities
- Transfer lands to beneficiaries who could put them to productive use
- Dispose of properties that were unsuitable for agrarian reform purposes

This legislative authority provided INCRA with operational flexibility in implementing agrarian reform policies, a flexibility that has remained relevant as Brazil has continued to grapple with land policy challenges in the decades since.

### Accessibility and Legal Validity

Law No. 7074 of December 21, 1982 remains in force and accessible through official government channels. The continued availability of the law through the Federal Government's official portal and the Presidency's legislation database demonstrates:
- The law's ongoing legal validity
- Brazil's commitment to maintaining accessible legal records
- The integration of historical legislation into contemporary legal databases

This accessibility is consistent with the broader principle that statutes, as official legal documents, should be available to the public—in contrast to works subject to copyright protection. This public domain approach ensures that citizens can access and understand the laws that govern them.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1982-12-21;7074)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=7074&ano=1982&data=21/12/1982&ato=993QTTU9ENrRVTe41)
3. LexML Brasil