Aiming at to promote a legal system in the agrarian property, Imperial Law N. 12 was created, of 18 of September of 1850, known as Land Law and had its posterior regulation in 1854. The property that was not registered in notary’s office was considered vacant and would belong exclusively to the Brazilian State, arriving even though to condemn any form of invasion or clandestine occupation of these lands, being foreseen sanses as fine and arrest. In accordance with the law, was considered vacant the lands that were not applied the national public use, provincial or municipal. As well as, the ones that not to be configured as recognized particular properties for notarial headings, even though the sesmarias or concessions of the General or provincial Government or the ownerships of effective development of culture and housing of the one who holds legal title to property that are regularized for the proper law. The fact is that, in view of, the historical and economic context of the industrial capitalism in the world, this reality arrives at Brazil and the Land Law, longs for to organize the Brazilian private property by means of different regulations of the used ones in the colonial period, where the concessions of use of the agrarian property vine of the orders of the figure of the king.
It had a necessity to adjust the real property to the capitalist exspansionism, a time that, having the public, particular and vacant land definition only, these last ones, could at any time be vendidas the particular ones. Fact this that is clearly in the Article 1 of the related law that determines the prohibition of acquisitions of vacant lands in Brazil, for another heading that is not of purchase. Consequently, we go to identify to a direct exclusion on a layer of families peasants, has seen, the requirement made for the imperial government for the attainment of a property of the land to be exclusively by means of the purchase.