# Law No. 7368 of September 18, 1985

> Brazilian law

**Wikidata**: [Q105649969](https://www.wikidata.org/wiki/Q105649969)  
**Source**: https://4ort.xyz/entity/law-no-7368-of-september-18-1985

## Summary
**Law No. 7368 of September 18, 1985** (Portuguese: *Lei nº 7.368*) is a Brazilian federal statute that authorizes the Brazilian Institute for Forestry Development (IBDF) to donate a specific real estate property. Enacted in Brasília and promulgated by President José Sarney, the law serves as a formal legal instrument for the transfer of public property. It is officially classified as a statute and applies to federal jurisdiction within Brazil.

## Key Facts
- **Official Title:** Lei nº 7.368, de 18 de setembro de 1985.
- **Date of Enactment:** September 18, 1985.
- **Promulgating Authority:** Presidency of the Federative Republic of Brazil (José Sarney).
- **Issuing Location:** Brasília, Brazil.
- **Legal Classification:** Statute (formal written document that creates law).
- **Jurisdiction:** Brazil (Federal).
- **Primary Function:** Authorizes the donation of real property (Real Estate/Imóvel).
- **Involved Entity:** Brazilian Institute for Forestry Development (IBDF).
- **Geographic Scope:** Santa Catarina (State), Municipality.
- **Legal Citation:** Lei nº 7368/1985.
- **Language:** Brazilian Portuguese.
- **LexML URN:** `urn:lex:br:federal:lei:1985-09-18;7368`
- **Official Source:** Available at `https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7368.htm`

## FAQs
**What is the main purpose of Law No. 7368?**
The law authorizes the Brazilian Institute for Forestry Development (IBDF) to donate a specific real estate property. While the digest specifies the action as a donation ("doação") involving real property, the specific details of the property are contained within the full text of the legislation.

**Who approved and enacted this law?**
The law was promulgated by the Presidency of the Federative Republic of Brazil. The specific head of state at the time, identified via the promulgation determination, was José Sarney on September 18, 1985.

**What type of legal document is this?**
This is a statute (*statute*), which is a formal written document that creates law. In the context of Brazilian law, it functions as a legislative act that creates a specific legal norm authorizing a transaction (donation) involving federal assets.

**Where can the official text be accessed?**
The full text of Law No. 7368 is available through the Brazilian government's official portal at the Planalto Presidency website and is indexed under the LexML Brazil ID `urn:lex:br:federal:lei:1985-09-18;7368`.

## Why It Matters
Law No. 7368 represents a specific exercise of state authority regarding the management and disposal of public assets. As a statute, it serves as a concrete manifestation of statutory law, formally documenting the government's decision to transfer property ownership from a federal entity (IBDF) to another party. It matters within the context of Brazilian administrative law as it demonstrates the legal mechanisms required for federal agencies to divest real estate holdings. The law also serves as a historical record of the administrative functions of the IBDF, a precursor to modern environmental agencies in Brazil, and reflects the legislative activity of the mid-1980s during Brazil's transition to democracy.

## Notable For
- **Asset Disposition:** Specifically authorizes the donation of federal real estate, distinguishing it from laws focused on regulation or taxation.
- **Specific Institutional Authority:** Targets the Brazilian Institute for Forestry Development (IBDF), a key environmental agency of that era.
- **Jurisdictional Specificity:** While a federal law, it explicitly pertains to the state of Santa Catarina and municipal interests.
- **Wikimedia Integration:** It is included on the focus list of WikiProject Brazilian Laws, highlighting its relevance in structured legal knowledge bases.
- **Public Accessibility:** As a statute, it falls under the public domain, ensuring unrestricted access to its legal content.

## Body

### Definition and Legal Classification
Law No. 7368 is legally classified as a **statute**. As defined by legal ontologies, a statute is a formal written document that creates law, encompassing acts, executive orders, and by-laws. It is a subclass of "written work," "document," and "rule," serving as the physical or formal expression of a legal rule. This law exists as a manifestation of statutory law, composed of legal norms enacted by the legislature or executive authority.

In the context of copyright, as a statute, Law No. 7368 is generally in the public domain. According to the "edict of government doctrine," official legal documents are not subject to copyright, ensuring that citizens have unrestrained access to the laws they must follow.

### Legislative Content and Provisions
The core function of Law No. 7368 is administrative. The law digest explicitly states its purpose: **"AUTHORIZE THE BRAZILIAN INSTITUTE FOR FORESTRAL DEVELOPMENT - IBDF TO DONATE THE PROPERTY IT MENTIONS."**

The legislation involves several key subjects and entities:
- **Authorization:** The law functions as a specific permission granted by the federal government.
- **Gift/Donation:** The legal transaction authorized is a donation (*doação*), transferring ownership without compensation.
- **Real Property:** The object of the transaction is an immovable asset (*imóvel*).
- **Geographic Scope:** The law explicitly references **Santa Catarina** (a state in the South Region of Brazil) and the concept of a **municipality**, indicating the location or recipient context of the property.

### Enactment and Promulgation
The law was enacted and published on **September 18, 1985**. The enactment took place in **Brasília**, the federal capital of Brazil. The authority behind the promulgation was the **Presidency of the Federative Republic of Brazil**. The determination method for this law was promulgation, executed during the presidency of **José Sarney**, who served as the head of state during this period of Brazil's history (specifically during the transition from military dictatorship to the New Republic).

### Identifiers and Structured Data
This legal entity is cataloged in various knowledge systems using specific identifiers and properties:
- **LexML Brazil ID:** `urn:lex:br:federal:lei:1985-09-18;7368` (Uniform Resource Name for the legislation).
- **Legal Citation:** Referred to as `Lei nº 7368/1985`.
- **Official URL:** Accessible digitally at `https://www.planalto.gov.br/ccivil_03/leis/1980-1988/l7368.htm`.
- **Wikidata Context:** Described as a "Brazilian law" and listed as an "instance of" a statute. It applies to the jurisdiction of "Brazil" and is written in "Brazilian Portuguese."

### Context: The Brazilian Institute for Forestry Development (IBDF)
The law specifically targets the **IBDF** (*Instituto Brasileiro de Desenvolvimento Florestal*). This entity was a federal agency in Brazil responsible for forestry policy and nature conservation. Laws authorizing asset disposal for such agencies are standard administrative procedures to manage public land holdings, often transferring lands to local municipalities or other public entities for public use. The mention of Santa Catarina places this specific legal action within the southern region of the country.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1985-09-18;7368)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=7368&ano=1985&data=18/09/1985&ato=10fATT65keBpWT54c)
3. LexML Brasil