Land use planning and land tenure

Proposal

Create an Interministerial Working Group to formulate a National Land Governance Policy and a National Land Development Plan.

Problem

There are many bottlenecks that make it difficult for Brazil to advance in its land use planning and land tenure agenda. These bottlenecks reflect issues related to historically unlawful occupation, infrastructure, data quality, informal land market, and lack of monitoring and sanctions for offenses and violations regarding illegal occupation and deforestation of public lands. And above all, they reflect the Government’s poor ability to respond to the challenge of a complex and dynamic demand for land occupation with an effective system of land use management.

Goals

This executive order prescribes the creation of an Interministerial Working Group (GTI) with the purpose of devising and proposing a National Land Governance Policy (PNGT) and a National Land Development Plan (PNOT), according to the priority topics in the draft attached to this document. The PNGT should set out a national strategy and minimum parameters for development, monitoring, land use planning, and rural and urban land tenure. The objective is to guarantee efficient use of land, fair distribution of the burdens and benefits resulting from land reorganisation processes, and at the same time protect the environment and preserve social, historical and cultural heritage. The PNOT, in turn, should specify initiatives, programmes and instruments needed for achieving the objectives defined by the PNGT.

Main axe

social

ADMINISTRATIVE SPHERES OF COMPETENCE

federal

Key Actors

Federal Government
States
Municipalities
Legislative
Civil society
Local communities

Resources needed

Allocation of existing financial resources
Allocation of existing human resources

steps

01
Executive Order
02
03
100 days
04
VISION FOR THE FUTURE
Form the Interministerial Working Group (GTI).
Validate guidelines and priorities.
Introduce the PNGT.
Prepare the National Land Development Plan.
Implement a national strategy for land use planning and land tenure regularisation that guarantees the efficient use of land, social justice and environmental protection.

Basic applicable legislation

Brazilian Federal Constitution of 1988 ,articles 184 and 186 - Provide for the social function of rural and urban land.

Law No. 8.629/1993 - Regulates constitutional provisions relating to land reform.

Law No. 11.952/2009 - Provides for land tenure regularisation of occupied land in areas that belong to the Federal Government, within the scope of the Brazilian Legal Amazon.

Law No. 13.465/2017 - Provides for rural and urban land tenure regularisation, and land tenure regularisation within the Brazilian Legal Amazon.

Law No. 11.284/2006 – Provides for the management of national forests for sustainable production.

Law No. 12.651/2012 – Instituted the so-called “New Forest Code”.

Bills of Interest

Bill No. 510/2021 - consolidates land tenure reg- ularisation legislation for the entire country; allows for regularisation of lands occupied prior to May 25, 2012; increases the maximum property area that might be regularised to 2,500 hectares.

RELATED PROPOSALS

Brazil 2045: building an environmental powerhouse
Observatório do Clima
https://concertacao.com/3red

By means of an executive order, officialise the reinstatement of Action Plan for Prevention and Control of Deforestation in the Amazon (PPCDAm) and the Action Plan for the Prevention and Control of Deforestation and Fires in the Cerrado (PPCerrado), covering the Land Use Planning axis, and expand the participation of civil society in the management of protected areas.

Proposals put forward by the Coalition to candidates in the 2022 elections
Coalizão Brasil Clima, Florestas e Agricultura
https://concertacao.com/i0pq

Organise an interministerial task force, with the participation of civil society and state governments, to review and resume the PPCDAm and the PPCerrado; and validate the Rural Environmental Registry (CAR) with the utmost urgency.

Immediately resume land use planning, starting with the demarcation of indigenous and quilombola lands, and the allocation of 10 million hectares to conservation and sustainable use. And make land tenure regularisation conditional on compliance with the Forest Code.

get to know the other proposals as well
Acai
Land use planning and land tenure
1

Restore spaces of social participation and control within the scope of the Federal Government for monitoring and evaluating food security and nutrition policies.

Esferas administrativas de competência
Federal

Main axis

Social

Type of draft

executive order
Acai
Food Security and Nutrition
2

Reinstate the National Council for Food Security and Nutrition (CONSEA) within the scope of the government bodies under the President’s office and its Ministries.

Esferas administrativas de competência
Federal

Main axis

Social

Type of draft

provisional presidential decree
Abiu
Infrastructure
3

Qualify infrastructure projects in the Brazilian Legal Amazon for the Investment Partnerships Programme (PPI), bringing forward in the decision-making timeline the assessment of socio-environmental impacts.

Esferas administrativas de competência
Federal

Main axis

Environmental

Type of draft

executive order
Jarina
Mining
4

Revoke the Support Programme for the Development of Artisanal and Small-Scale Mining.

Esferas administrativas de competência
Federal

Main axis

Environmental

Type of draft

executive order
Jarina
Mining
5

Establish new parameters for purchasing, selling and transporting gold within the country.

Esferas administrativas de competência
Federal

Main axis

Environmental

Type of draft

provisional presidential decree
ucuuba
Land use planning and land tenure
6

Form a committee to carry out technical, legal and operational feasibility studies to integrate real estate and land registries.

Esferas administrativas de competência
Federal

Main axis

Environmental

Type of draft

executive order
Urucum
Public Security
8

Prioritise a tactical and operational programme in Public Security within the scope of the Interstate Consortium for Sustainable Development of the Legal Amazon.

Esferas administrativas de competência
State

Main axis

Social

Type of draft

Seringueira
Economy
9

Reinstate the Bolsa Verde cash transfer Programme, prioritising families living in extreme poverty in forest areas of the Brazilian Legal Amazon.

Esferas administrativas de competência
Federal

Main axis

Economic

Type of draft

executive order
Andiroba
Health care
10

Integrate data from the Health Information System for Indigenous Peoples (SIASI) to the Health Information System for Primary Care (SISAB) and to other Unified Healthcare System (SUS) information systems at a national level.

Esferas administrativas de competência
Federal

Main axis

Social

Type of draft

executive order
Andiroba
Health care
11

Create a Working Group focused on health in the Brazilian Legal Amazon.

Esferas administrativas de competência
Federal

Main axis

Social

Type of draft

executive order
Sumaúma
Education
12

Prioritise the allocation of resources from the Fund for Universalisation of Telecommunications Services (FUST) to projects that serve traditional communities and smallholder farmers, in particular to public education and health care facilities.

Esferas administrativas de competência
Federal

Main axis

Social

Type of draft

resolution
Castanha-da-Amazônia
Governance
13

Create the State Secretariat for Climate Emergency, directly under the President’s Office.

Esferas administrativas de competência
Federal

Main axis

Environmental

Type of draft

provisional presidential decree
Caroba
Cities
14

Develop technological alternatives for decentralised sewarage solutions in special, rural and peri-urban areas.

Esferas administrativas de competência
Federal

Main axis

Environmental

Type of draft

Bill