The Chamber restricts the possession of land in the Amazon by foreigners
The purchase of land by foreigners in border areas is also forbidden
On Tuesday (13rd), the Committee on Constitution and Justice and Citizenship approved the regulation of agricultural property possession in the Legal Amazon by foreigners. The proposal establishes that the property shall have up to 15 agricultural modules of exploration; and a person or legal entity shall have residence and domicile in the country for more than 10 years. In the Amazon, the agricultural module has 1,140 hectares. Fifteen modules correspond to a medium-sized property.
The approved text is the substitute of the rapporteur, Deputy José Genoíno (PT-SP), for the Bill 4440/01, of Deputy Nilson Mourão (PT-AC) and former Deputy José Dirceu. Approved in conclusive nature, the text will be submitted to the Senate analysis.
The proposal amends the Law 5709/71 that currently determines that the limit allowed to a foreigner would be 50 agricultural modules. According to the rapporteur, those who received the property in accordance with this rule will be allowed to keep it, as long as the land is productive according to an evaluation accomplished by a report issued by the Federal Land Agency.
Ratification
The proposal also establishes that the registration of the properties owned by foreigners shall be submitted to ratification by the Federal Land Agency. If the property does not comply with the social function, a judicial proceeding will be instituted for the cancellation of the title deed, with the merger of the property into the public property and destination to the land reform program.
It is also forbidden the purchase of land in border areas, a range of 150 kilometers. The deputy explains that this is important since the border area with other countries is extremely sensitive to the monitoring and follow-up.
More accurate concepts
The rapporteur voted for the constitutionality and legality, and also for the merits of the original bill and the substitute of the Committee on Agriculture. But the substitute was submitted since he figured out that some concepts required more accuracy. It was the case of the replacement of the term “possession for any reason” for “real rights”, that ranges from the property to the right of exploration, among other practices.
"The legal instruments are provided. In the event of the Senate approving the proposal, the Public power, along with the State Revenue, National Institute of Land Reform - INCRA, Federal Police and in the case of the border areas, Armed Forces, is responsible for the oversight of such implementation.
Reporting – Vania Alves
Edition - Newton Araújo/RX
Translation - Grupo Solucion-SP Language/Thiago Capatti