# Law No. 7716 of January 5, 1989

> Brazilian law

**Wikidata**: [Q105649903](https://www.wikidata.org/wiki/Q105649903)  
**Source**: https://4ort.xyz/entity/law-no-7716-of-january-5-1989

## Summary
**Law No. 7716 of January 5, 1989** (Portuguese: *Lei nº 7716, de 5 de janeiro de 1989*) is a federal statute enacted in Brazil that defines and criminalizes acts of prejudice based on race or color. Promulgated by President José Sarney in Brasília, the law serves as the country's primary legal instrument to address racial discrimination.

## Key Facts
- **Full Title:** Lei nº 7716, de 5 de janeiro de 1989
- **Alternative Name:** Lei nº 7716/1989
- **Classification:** Statute (formal written document that creates law)
- **Date of Publication:** January 5, 1989
- **Place of Publication:** Brasília, Brazil
- **Promulgating Authority:** Presidency of the Federative Republic of Brazil
- **Signatory:** José Sarney (President at the time)
- **Jurisdiction:** Federative Republic of Brazil
- **Official Language:** Brazilian Portuguese
- **Digest/Summary:** "DEFINE OS CRIMES RESULTANTES DE PRECONCEITO DE RAÇA OU DE COR." (Defines crimes resulting from prejudice of race or color)
- **Lexml Brazil ID:** urn:lex:br:federal:lei:1989-01-05;7716
- **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/l7716.htm

## FAQs

**What is the purpose of Law No. 7716/1989?**
The law defines and establishes criminal penalties for acts of discrimination and prejudice based on race or color in Brazil.

**Who signed Law No. 7716 into force?**
The law was approved and promulgated by the Presidency of the Federative Republic of Brazil, with President José Sarney as the signatory on January 5, 1989.

**In which areas does this law apply?**
The statute addresses racial discrimination across specific sectors, including educational institutions, public administration (direct administration), public services, transport, and military environments (Forças Armadas). It also applies to concessionaires and establishes definitions and legal hypotheses for crimes.

**Is this law part of a specific legal project or initiative?**
Yes, the law is listed on the focus list of WikiProject Brazilian Laws, indicating its recognition as a significant legislative act within structured knowledge projects.

## Why It Matters
Law No. 7716 of January 5, 1989, is a cornerstone of Brazilian anti-racism legislation. Enacted just months after the promulgation of the 1988 Constitution—a document that established racism as a non-bailable crime—this statute provides the specific legal definitions and mechanisms to enforce those constitutional principles. By explicitly defining crimes resulting from racial or color prejudice, it moved the issue from abstract rights to actionable law. The law's application across diverse sectors like education, public transport, and direct administration ensures that discrimination is punishable in both public spaces and essential services. As a formal statute, it stands as the tangible manifestation of statutory law in Brazil, serving as the definitive reference point for courts, administrators, and citizens in the fight against racial inequality.

## Notable For
- **Anti-Racism Framework:** Primary federal statute in Brazil specifically defining crimes of racial prejudice (racismo).
- **Post-Dictatorship Legislation:** Enacted on January 5, 1989, during the re-democratization period and shortly after the 1988 Constitution.
- **Broad Sectoral Scope:** Applies to educational institutions, public transport, direct administration, and even military contexts.
- **Digital Accessibility:** Available publicly online via the official Planalto government portal.
- **Structured Data Integration:** Identified within the Lexml Brazil system and tracked by WikiProject Brazilian Laws.

## Body

### Legislative Identity and Classification
Law No. 7716 of January 5, 1989, is classified as a **statute** (estatuto). As a legal term and concept, a statute is a formal written document that creates law; it is a subclass of "written work," "document," and "rule." Statutes act as manifestations of statutory law, are composed of "legal norms," and follow the "draft laws" stage. They are caused by "legislation" or a "legal act" and result in "statutory law." In terms of copyright, statutes like this are generally considered public domain in many jurisdictions based on the "edict of government doctrine."

### Promulgation and Authority
The statute was approved by the **Presidency of the Federative Republic of Brazil** and signed by **José Sarney**, who served as President. The promulgation took place on **January 5, 1989**. The official place of publication was **Brasília**, the federal capital of Brazil. The law applies to the entire jurisdiction of the **Federative Republic of Brazil** and is written in **Brazilian Portuguese**.

### Subject Matter and Scope
The law's core function is summarized in its digest: "Define os crimes resultantes de preconceito de raça ou de cor" (Defines crimes resulting from prejudice of race or of color). Its application covers a wide range of social and administrative sectors, specifically targeting discrimination in:
- **Educational Institutions** (Estabelecimento De Ensino)
- **Direct Administration** (Administração Direta)
- **Public Services** (Serviço Publico)
- **Concessionaires** (Concessionaria)
- **Transport** (Transporte)
- **Military** (Forças Armadas)

The text also encompasses legal concepts such as "crime," "hypothesis" (Hipotese), "definition" (Definição), and "decision" (Fixação).

### Official Identifiers and Access
The law is indexed and accessible through several official identifiers and digital repositories:
- **Lexml Brazil ID:** `urn:lex:br:federal:lei:1989-01-05;7716`
- **Official URL:** Hosted by the Planalto Palace at `https://www.planalto.gov.br/ccivil_03/leis/l7716.htm`
- **Legal Citation:** Cited as *Lei nº 7716/1989*.

### Context: Jurisdiction and Historical Background
The law operates within the Brazilian legal system. **Brazil**, officially the República Federativa do Brasil, is a federal republic in South America with Portuguese as its official language. In 1989, the country was navigating its new democratic status following the end of a military dictatorship (1964–1985). This statute was enacted less than three months after the effective date of the **Constitution of Brazil (October 5, 1988)**, reflecting the constitutional mandate to criminalize racism. The legislative body is the **National Congress of Brazil**, and the highest judicial authority is the **Supreme Federal Court (STF)**.

### Digital and Knowledge Management
The law is tracked within digital knowledge systems, appearing on the **WikiProject Brazilian Laws** focus list. The source material references the `https://schema.org/Legislation` class, which statutes are equivalent to in structured data on the web. This aligns with the global standardization of legal concepts, where statutes are recognized as foundational legal documents with specific properties like "applies to jurisdiction" and "publication date."

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1989-01-05;7716)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=7716&ano=1989&data=05/01/1989&ato=469UTSq1EeFpWTde0)
3. LexML Brasil