Senators approved in plenary this Thursday (15) a bill that intends to prevent the cancellation of land titles granted by the National Institute of Colonization and Agrarian Reform (Incra) before 1997 for failure to comply with conditions established at that time. Text will be analyzed by the Chamber.
The text extinguishes all resolutive conditions of titles relating to public areas owned by Incra or the Union whose colonization or settlement project was created before October 10, 1997. The resolutive conditions are rights that can be demanded in case of default one of the parties to a contract. In the case of land titles, Incra imposes conditions that must be fulfilled for a certain period and, if this does not occur or the value of the title is not settled, the producer cannot have the land in his name.
The author of the project, senator Confúcio Moura (MDB-RO), said that the current legislation does not differentiate between new contracts and those signed 40 years ago, which ends up causing the cancellation of titles due to the conditions set in that period. For him, these conditions generate legal uncertainty and permanent judicialization, which means that rural producers have to dedicate themselves to defending their property instead of producing.
In the justification, the author clarifies that the project does not deal with land donation, since the areas in question were auctioned and sold to producers and most have already had the amounts settled. In the case of bonds with amounts that are no longer paid by the beneficiaries, the project establishes as a condition for the termination of the clauses the payment of the amount referring to the regularization.
According to the text, the amounts contained in these bonds prior to October 10, 1997 must be paid within five years after the publication of the law. Payment will be made by titleholders, heirs or bona fide third parties occupying the property, who may then request regularization.
One of the approved amendments determines that the project does not grant amnesty for environmental or other infractions that may have been committed.
* With information from the Senate Agency
