# Law No. 9044 of May 17, 1995

> Brazilian law

**Wikidata**: [Q105647532](https://www.wikidata.org/wiki/Q105647532)  
**Source**: https://4ort.xyz/entity/law-no-9044-of-may-17-1995

## Summary
**Law No. 9044 of May 17, 1995** (Portuguese: *Lei nº 9044, de 17 de maio de 1995*) is a Brazilian federal statute that authorizes the National Institute for Colonization and Agrarian Reform (INCRA) to donate a specific real estate property. Enacted during the presidency of Fernando Henrique Cardoso, the law pertains to a property located in the municipality of Iaçu, in the state of Bahia. It serves as a formal legal instrument for the disposition of federal assets.

## Key Facts
- **Full Title:** Lei nº 9044, de 17 de maio de 1995
- **Type of Instrument:** Statute (formal written document creating law)
- **Date of Enactment:** May 17, 1995
- **Promulgating Authority:** Presidency of the Federative Republic of Brazil
- **Signing Official:** President Fernando Henrique Cardoso
- **Jurisdiction:** Brazil
- **Place of Publication:** Brasília
- **Issuing Agency:** National Institute for Colonization and Agrarian Reform (INCRA)
- **Subject Matter:** Authorization to donate real property
- **Location of Property:** Iaçu (Ba), State of Bahia
- **Language:** Brazilian Portuguese
- **Legal Citation:** Lei nº 9044/1995
- **Identifier:** LexML Brazil ID `urn:lex:br:federal:lei:1995-05-17;9044`
- **Official URL:** https://www.planalto.gov.br/ccivil_03/leis/l9044.htm

## FAQs
**What is the specific purpose of Law No. 9044/1995?**
The law expressly authorizes INCRA (the National Institute for Colonization and Agrarian Reform) to donate a specific real estate asset. Its primary function is to provide the legal basis for this transfer of property.

**Where does the law apply?**
While it is a federal law applicable to Brazil as a whole, its specific subject matter concerns a property located in the municipality of Iaçu, within the state of Bahia (BA).

**Who signed Law No. 9044 into force?**
The statute was promulgated by the Presidency of the Federative Republic of Brazil, specifically under the administration of President Fernando Henrique Cardoso, on May 17, 1995.

**How is this law classified legally?**
It is classified as a "statute," which is a formal written document that creates law. In this context, it acts as a specific legal act derived from the federal legislature regarding administrative property management.

## Why It Matters
Law No. 9044 of May 17, 1995, matters as a specific example of Brazilian administrative law in action during the mid-1990s. It illustrates the legislative process required for the federal government to dispose of public assets, specifically through the National Institute for Colonization and Agrarian Reform (INCRA). By targeting a specific property in Iaçu, Bahia, the law demonstrates how federal statutes are used to execute precise land management and agrarian reform policies. It represents the intersection of federal authority, land reform initiatives under the Fernando Henrique Cardoso administration, and local administrative actions in Bahia. As a public domain legal document, it ensures transparency regarding the disposition of state assets.

## Notable For
- **Specific Asset Disposition:** Unlike broader regulatory laws, this statute is notable for focusing on the donation of a single, specific real estate asset.
- **Agrarian Reform Context:** It highlights the role of INCRA in managing and distributing land in Brazil.
- **Historical Context:** Enacted in the first year of Fernando Henrique Cardoso's presidency, reflecting the administrative priorities of that era.
- **Geographic Specificity:** It explicitly identifies the Municipality of Iaçu and the State of Bahia in its text.
- **Digital Accessibility:** The law is fully accessible via the official Planalto Palace website and identified through the LexML system, ensuring public availability.

## Body

### Legislative Definition and Classification
Law No. 9044/1995 is an instance of a **statute**, a formal written document that creates law. Within the hierarchy of legal concepts, it functions as a "legal act" and a "legal norm." It is a manifestation of statutory law, distinct from executive orders or by-laws, though classified broadly under the same umbrella of legislative instruments. The document is formally recognized as a subclass of "written work" and "rule." As an official legal edict of the Brazilian government, it exists in the public domain, ensuring unrestricted access for the citizenry.

### Subject Matter and Content
The core content of the law is an **authorization** for the **National Institute for Colonization and Agrarian Reform (INCRA)** to perform a **donation** (gift) of a **real property** (imóvel).
- **Action:** Authorization for donation.
- **Object:** A specified real estate property.
- **Beneficiary/Context:** The law does not explicitly name the private beneficiary in the summary digest, but it frames the action within the context of "Destinação" (Destination/Allocation).

### Geographic Application
While the law applies to the jurisdiction of **Brazil** as a federal entity, its main subject is geographically concentrated:
- **Region:** Northeast Brazil.
- **State:** Bahia (referenced as "Estado Da Bahia (Ba)").
- **Municipality:** Iaçu (referenced as "Iaçu (Ba)").
This geographic tagging identifies the physical location of the asset being authorized for donation by the federal government.

### Promulgation and Authority
The law was enacted on **May 17, 1995**, in **Brasília**, the federal capital.
- **Authority:** The Presidency of the Federative Republic of Brazil.
- **President:** Fernando Henrique Cardoso (served 1995–2002). This law was passed early in his first term.
- **Method:** Promulgation.

The enactment occurred within the framework of the **Federative Republic of Brazil**, a presidential representative democratic republic. At the time, the country was operating under the 1988 Constitution and utilizing the Brazilian Real (BRL) as its currency, which had been introduced the previous year.

### Identification and Access
The statute is cataloged and accessible through several official identifiers and systems:
- **LexML URN:** `urn:lex:br:federal:lei:1995-05-17;9044` (used for semantic web and legal identification).
- **Legal Citation:** Lei nº 9044/1995.
- **Official Web Resource:** The full text is hosted by the Presidency of the Republic at `https://www.planalto.gov.br/ccivil_03/leis/l9044.htm`.
- **WikiProject:** It is listed on the "WikiProject Brazilian Laws," indicating its relevance in structured knowledge management of legal texts.

### Linguistic and Cultural Context
The text of the law is written in **Brazilian Portuguese**, the official language of Brazil. Brazil is the largest Portuguese-speaking nation in the world. The legal terminology used ("Autoriza," "Doar," "Imóvel") reflects standard Brazilian administrative legalese. As the fifth-largest country by area, Brazil utilizes such statutes to manage vast tracts of land, often through bodies like INCRA, which are central to the nation's ongoing agrarian reform and land distribution policies.

## References

1. [Source](https://www.lexml.gov.br/urn/urn:lex:br:federal:lei:1995-05-17;9044)
2. [Source](https://legislacao.presidencia.gov.br/atos?tipo=LEI&numero=9044&ano=1995&data=17/05/1995&ato=d39QTTU5UeJpWT580)
3. LexML Brasil