Bill approved by the CCJ imposes new rules for land legalization in border areas.

Despite numerous attempts to regularize this situation, many rural property owners in border areas have not succeeded in their requests because they did not meet the legal requirements – especially because they only possessed precarious title deeds.

The initial text of the bill approved by the Chamber of Deputies provided for ratification by lapse of time. Thus, after 2 (two) years from the filing of the request, legalization would be considered definitive if the Union did not respond to the request.

However, this bill was not approved by the rapporteur, who considered it to violate paragraph 2 of article 20 of the Federal Constitution, which determines that the border area is fundamental for the defense of the national territory, and its occupation and use are regulated by law. In its place, a general rule is established for the automatic ratification of property titles with up to 15 fiscal modules, and some minimum and mandatory conditions are established for the confirmation of registrations of properties with dimensions exceeding this limit, such as the certification of the georeferencing of the property and its updated registration with the National Rural Cadastre System.

Thus, the request must be approved within 2 (two) years by INCRA – except for any need for due diligence for the certification of georeferencing, in which case this period may be extended. It should be noted that definitive legalization will not be permitted due to the lapse of this period. The ratification will

cover real estate registrations resulting from alienations and concessions of federal vacant lands, carried out by the states, as well as state vacant lands located in the border area, alienated without the consent of the National Security Council (CSN). The mandatory authorization by the CSN stems from the provisions of Decree-Law 1.414/1975.

As approved in a final decision by the CCJ (Committee on Constitution, Justice and Citizenship), the substitute bill to PLC 90/2012 will only be considered by the Senate Plenary if there is an appeal to that effect. Otherwise, it will be sent directly to the Chamber of Deputies for analysis of the changes made by the senators.