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House Committee Approves Bill That Changes Agrarian Reform Rules, Prohibits Expropriation of Invaded Areas, and Reinforces Social Function Criteria of Property in Debate Involving Producers, Social Movements, and Legal Security.
The Commission on Agriculture, Livestock, Supply, and Rural Development approved a bill that amends the Agrarian Reform Law to prevent the expropriation of invaded rural properties.
The measure, which addresses cases of possessory eviction, clarifies that productive properties can only be expropriated for agrarian reform purposes if there is simultaneous non-compliance with social function requirements.
The text is forwarded for conclusive analysis in the Committee on Constitution and Justice and Citizenship. If approved, it still needs to pass through the House and Senate.
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The approved opinion is a substitute presented by Deputy Daniela Reinehr (PL-SC) to PL 3578/24, authored by Deputy Zé Silva (Solidariedade-MG).
The original project stipulated that, in the event of expropriation, the compensation paid to the owner would not include the invaded areas.
The rapporteur opted for a stricter wording that bans the expropriation of invaded lands as long as the eviction situation persists.
According to the parliamentarian, the amendment seeks to safeguard property rights and provide greater legal security to rural producers.
In a statement during the vote, Daniela Reinehr stated that the text was improved to close loopholes and establish objective criteria.
“We considered it appropriate to improve the bill to ensure that properties subject to possessory eviction are not expropriated and that the expropriation of productive properties only occurs when the stipulated requirements that guide the principle of the social function of property are simultaneously violated,” said the rapporteur.
What Changes With the Proposal
With the change, the government is prohibited from advancing expropriation processes when there is invasion, violence, or undue retention that removes the titleholder from possession of the property.
In other words, expropriation for agrarian reform purposes cannot be used as a tool amid possessory disputes until the possession is regularized and the eviction has ceased.
At the same time, the opinion clarifies that productive properties will only come under the scrutiny of agrarian reform if there is simultaneous non-compliance with criteria related to proper use of natural resources and environmental preservation, compliance with labor laws, and land use oriented to the well-being of owners and workers.
According to the presented framework, the focus falls on objective proof of productivity and regularity.
This means that, in addition to producing, the property must demonstrate compliance with environmental and labor regulations, preventing a single isolated indicator from triggering expropriatory actions.
The requirement for simultaneous non-compliance acts as an additional barrier and reduces the margin for administrative controversies.
Origin of the Project
The original version, by Zé Silva, aimed to protect the owner’s compensation by excluding invaded areas from the calculation at the time of expropriation.
The rapporteur understood that, instead of addressing the compensatory value, it would be more effective to eliminate the very possibility of expropriating properties under eviction.
For the productive sector, the change is seen as a way to curb incentives for occupations in properties subject to land disputes.
For social movements, the discussion tends to revolve around how to reconcile the protection of possession with the effectiveness of agrarian reform policy — a debate that is expected to gain momentum in the upcoming stages.
Next Steps in the Processing
The proposal will be examined by the CCJ in a conclusive capacity, a stage that verifies constitutionality, legality, and legislative technique.
If the committee approves and there is no appeal to the Plenary, the text will proceed to the Federal Senate.
If it undergoes changes in the other House, it will return to the Chamber for final analysis.
Until then, the current regulations of Law No. 8,629/1993, which governs agrarian reform, remain in effect.
Understand Possessory Eviction
In Brazilian law, possessory eviction occurs when the possessor or owner is deprived of possession by invasion, violence, serious threat, or undue retention.
The concept appears both in the civil realm — in possessory actions seeking reinstatement — and in the criminal realm when the conduct falls within the legal definitions.
The phenomenon is not limited to rural or urban properties.
It can also involve movable goods, such as the refusal to return a rented or borrowed car, as long as the elements of eviction are configured.
From a criminal perspective, the legislation provides for detention of 1 to 6 months and a fine for those who invade, with violence or serious threat, or through the collaboration of more than two people, another person’s land or building for eviction purposes.
In litigation situations, the appropriate course is to file a report, seek judicial reinstatement of possession, and, if applicable, investigate the crime by the competent authority.
In the civil realm, emergency measures can be granted for the immediate restitution of possession, depending on the evidence presented and the urgency of the case.
Social Function of Rural Property
The discussion delves into a central point of agrarian law: the social function of property.
The Constitution determines that rural property must meet, simultaneously, requirements related to productivity, environmental protection, labor compliance, and the well-being of owners and workers.
The approved opinion reinforces the understanding that, for agrarian reform purposes, it is not enough to have isolated non-compliance.
It is necessary for the set of requirements to be simultaneously neglected to justify the expropriation of a productive property.
Meanwhile, the role of federal agencies responsible for monitoring compliance with the social function, assessing productivity indexes, and conducting land acquisition processes as per current legislation remains.
In the event of land disputes, the new text signals that possession regularity is a prerequisite for any advancement in expropriation.
Does the proposal change anything in your planning for asset security or in how you view possession disputes in the field?
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