Brazil: Senate Approves Bill Of Conversion Resulting From The Provisional Measure On Land Regularization

The Bill of Conversion 12/2017 ("Bill"), authored by Senator Romero Jucá, was approved Wednesday, May 31, by the Senate, stemming from the Provisional Measure No. 759/16 ("MP 759"), already approved by the House of Representatives on May 24. The Bill regulates rural and urban land regularization, among other measures, and among the main changes brought by the Bill in relation to the text of MP 759 are included:

  1. the increase in the target public of land regularization in areas owned by the Federal Government, within the scope of the Amazônia Legal ("Legal Amazon"), as addressed in Federal Law No. 11.952/2009. According to the text of MP 759, one of the requirements for the regularization of occupancy is the proof provided by the occupant in relation to the occupation, as well as the direct, reserved and peaceful exploitation of the property prior to December 1, 2004. Considering the amendment proposed by the Bill, occupations prior to July 2008 will be eligible for the procedure.
  2. changes of the rules regarding the direct sale of residential properties owned by the Federal Government or, its entities from the indirect administration. According to the Bill, occupations after July 22, 2008 will be eligible (from the text MP 759/16, occupations after December 1, 2004 would be eligible). The limit concerned with the area of eligible properties was significantly increased, as stated in the text of the Bill, increasing from 1,500 to 2,500 hectares.
  3. possibility of acquisition of rural lands located outside the Legal Amazon and owned by the Federal Government and the National Institute of Colonization and Agrarian Reform (INCRA) by their occupants with waiver of bid proceeding. The price for the referred proceeding will follow the same criteria applicable to the properties located in the Legal Amazon.
  4. direct sale of properties under emphyteuse regime and those registered in occupation, observing the established requirements.
  5. accountability of the seller for collecting the amount correspondent to the transfer duty 'laudêmio', in the onerous transfer between inter vivos of the use domain and the registration of occupation of land owned by the Federal Government, or cession of rights related to them. With respect to the fine imposed as a result of the non-communication to the Federal Properties Management Office (SPU) about the onerous transfer, the rate increased from 0.05% to 0.5%, calculated with a basis on value of the land, excluding improvements.
  6. Urban Land Regularization (Reurb), which is also addressed by the Bill under the concept of informal urban centers, in the categories "Reurb-S" and "Reurb-E", intended for the low-income population and informal urban centers occupied by people of higher income, respectively. Having the aim of promoting social integration and job creation, the Bill defines who, and through the use of which instruments, may request the urban land regularization. One example of a mechanism for such regularization is landholding regularization, by which the public authority will issue a Certificate of Land Regularization (CRF), a document that should include the approved regularization project, as well as other information regarding occupation of the property.
  7. the transfer of abandoned private urban properties to municipalities or Federal District, thus considered those whose taxes are not paid within five years. In addition, the Bill changes the procedure rule for the extrajudicial recognition of usucapio provided for in Article 216-A of the Public Registers Law: thus, in the event that the holder of registered rights or registered in title registry (concerning neighbors' properties or properties with the usucapio) is notified and does not expressly object within 15 days, their silence will be interpreted as agreement. The original wording of Article 216-A had interpreted 'silence' as a disagreement with the procedure.
  8. changes in Law No. 9.514 of November 20, 1997, which provides for the property's fiduciary alienation. In accordance with the new text, after the annotation of the consolidation of the fiduciary property in the patrimony of the fiduciary creditor and until the execution of the second auction, the right of first refusal will be assured to the fiduciary debtor to acquire the property for a price corresponding to the value of the debt plus the tax charges and expenses due for the new acquisition of the property, including costs and emoluments.
  9. national implementation and operation of the System of Electronic Real Estate Registry (SREI) by the National Operator of the System of Electronic Real Estate Registry (ONR), a non-profit legal entity established under private law that will be created by the Institute of Real Estate Registry of Brazil (IRIB) and approved by the National Office of the National Counsel of Justice. With its operation, SREI will facilitate the exchange of information between registry offices, the Judiciary, the public administration and the public in general.
  10. institution of the National Record File Code (CNM), which shall consist of a single numbering of real estate record files in national scope. The characteristics and implementation of the CNM will be regulated by the National Justice Office.
  11. applicability of all legal devices of the Bill to the island of Fernando de Noronha and other oceanic and coastal islands of the country, under current property legislation. This subject deserves a detailed analysis, considering the current discussions about the autonomy of the land management of the territory of Fernando de Noronha, between the State of Pernambuco and the Federal Union.

The text of the Bill has more than a hundred articles and, as we have seen, changes several legal texts of the most varied matters, whose content is not exhausted in this article. The text of the Bill is now pending the sanction of the president of the Republic.

Visit us at Tauil & Chequer

Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become "Tauil & Chequer Advogados in association with Mayer Brown LLP."

© Copyright 2017. Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. All rights reserved.

This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions