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New Law Promises to Transform Brazilian Agriculture, Shielding Productive Lands and Reducing Productivity Criteria. Will It Be the End of Agrarian Reform As We Know It?
In recent decades, the land issue in Brazil has been a field of intense debates and clashes between social movements, agribusiness advocates, and public managers.
Now, a new legislation approved in the Agriculture Commission of the Chamber of Deputies threatens to further shake up this scenario.
Will it be the end of agrarian reform or a necessary step to ensure legal security in the field?
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On Tuesday, November 19, 2024, the Bill (PL) 2502/2024 was approved in the Chamber of Deputies’ commission, which brings significant changes to the legislation on land expropriation.
Defended by Congressman Rodolfo Nogueira (PL-MS) and reported by Congressman José Medeiros (PL-MT), the text alters the productivity and efficiency criteria for land, making expropriation more difficult.
The proposal is already being analyzed as one of the most controversial of the year, intensifying debates on land concentration and social rights.
What Does PL 2502/2024 Really Propose?
The main point of the project is the prohibition of expropriation of small and medium rural properties, as long as the owner does not have other lands that, when combined, exceed 15 fiscal modules.
Furthermore, the proposal also protects any property considered productive, regardless of its size.
Currently, the Agrarian Reform Law already provides protection for small properties, but the new legislation expands this safeguard and creates even looser criteria for classifying productive lands.
Another important aspect is the reduction of the productivity indexes required for land to be considered productive.
Under the current law, 80% of the usable area must be in use; with the new PL, this percentage will drop to 50%, as long as the situation remains for ten consecutive years.
Additionally, the efficiency degree in exploration, currently set at 100%, will be reduced to 50%, with regional variations expected.
Understanding Expropriation in Brazil
Expropriation for agrarian reform purposes is governed by the Federal Constitution and depends on two main factors: noncompliance with the social function of the land and the unproductivity of the rural property.
According to Article 186 of the Constitution, a property can only be expropriated if it does not meet requirements such as rational and adequate land use, environmental preservation, respect for labor relations, and compliance with its social function.
However, this new proposal drastically alters the criteria for a piece of land to be considered unproductive, making the application of this mechanism even more difficult.
For many experts, this change may undermine the efficacy of agrarian reform, as fewer properties will be subject to expropriation.
Social movements argue that expropriation is an essential tool for combating land concentration in Brazil, where less than 1% of landowners control almost half of the country’s arable land, according to data from IBGE.
For the MST, weakening this instrument compromises not only access to land but also the struggle for social justice and the reduction of inequalities in the field.
Why Were These Changes Proposed?
According to the authors of the project, the objective is to provide more legal protection to rural landowners.
Reporter José Medeiros argued that “private property is one of the pillars of a free and democratic society”, emphasizing that factors such as economic crises or natural disasters can hinder the full use of a property for a certain period.
This view is widely shared by agribusiness advocates, who see the measure as an opportunity to promote greater stability in the sector.
For Congressman Rodolfo Nogueira, the easing of productivity rules will allow small and medium producers to navigate difficult times without fearing for their land.
Impacts on Agrarian Reform and Social Movements Such as the MST
Despite the supporting arguments, criticisms of the project are not few. Movements such as the MST (Landless Rural Workers Movement) warn that the new legislation could mean the definitive weakening of agrarian reform in Brazil.
This is because the impossibility of expropriating properties considered productive, even if they only utilize half of their area, further restricts access to land for disadvantaged communities.
Experts also highlight that, by reducing productivity criteria, the measure may benefit large landowners who leave vast areas of land underutilized, worsening land concentration.
“It is a setback for the democratization of access to land in Brazil,” said a representative of the MST in a public statement.
The Role of the CCJ and Next Steps for the Expropriation Law
Even with the approval in the Agriculture Commission, PL 2502/2024 still needs to pass through the Constitution and Justice Commission (CCJ), where its compliance with the Constitution will be evaluated.
If it receives a favorable opinion, the text will proceed to a vote in the plenary of the Chamber of Deputies and, subsequently, in the Senate.
Until then, the proposal will continue to divide opinions.
While sectors of agribusiness celebrate the initiative as a victory for legal security, social movements and scholars warn of the risks of perpetuating inequalities in the field.
An Uncertain Future for Brazilian Agriculture
The approval of this project raises fundamental questions about the future of rural Brazil. Will it be possible to balance the right to private property with the need to democratize access to land? Or are we heading towards an irreversible increase in land concentration?
Só no Bostil pra um grupo desses ainda não ter sido dizimado.