Land use planning and land tenure

Proposal

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

Problem

Brazilian land governance, in particular in the Amazon region, is hampered by the lack of a land tenure information system that fully integrates the various land and real estate registries. This results in little transparency and poor public access to information on land that is in good standing or on land tenure processes, for social control and conflict resolution. It also results in conflicting records and in contradictory parameters, which, in some cases, give a veneer of legitimacy to illegal occupations.

Goals

This executive order aims to establish the Registration Integration Committee. This Committee should examine the feasibility of technical, legal and operational integration to reconcile the parameters of the registries used by direct and indirect public administration entities in land governance. It would be an interministerial committee and should include representatives from agencies such as Funai - federal agency for Indigenous affairs - and Incra - the Brazilian land reform agency as well as experts from public and private entities. The structuring of an integrated and robust governance information system will make it possible to prioritise and direct policies and initiatives for land tenure regularisation of areas occupied by traditional, indigenous and quilombola communities. It would also promote greater efficiency, more transparency, better planning and closer monitoring of occupations and land use in the Amazon region and in Brazil as a whole.

Main axe

environment

ADMINISTRATIVE SPHERES OF COMPETENCE

federal

Key Actors

Federal Government
States
Municipalities
Legislative
Academy
Private sector
Third sector
Civil society
Local communities

Resources needed

Allocation of existing financial resources
Allocation of existing human resources

steps

01
Executive Order
02
50 days
03
04
100 days
05
06
VISION FOR THE FUTURE
Establish the committee.
Submit work plan.
Examine technical and legal feasibility.
Present a conclusive report on the integration of registration systems.
Consolidate integration of registra- tion systems.
Create a task force to unlock the processes for acknowl- edging prop- erty rights.
Implement a na- tional strategy for land use planning and land tenure regularisation that guarantees 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. 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. 14.382/2022 – Provides for the Electronic System of Public Records (SERP).

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

Bills of Interest

Bill No. 486/2022 – Amends Laws No. 8.629, of February 25, 1993, No. 9.605, of February 12, 1998, No. 11.284, of March 2, 2006, and No. 12.651, of May 25, 2012.

Bill No. 510/2021 – Consolidates land tenure regularisation 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.

Bill No. 4.718/2020 - Prescribes that land tenure regularisation of rural land occupations in areas that belong to the Federal Government within the Legal Amazon may be carried out through legal proceedings initiated by the occupant of the land.

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