Brazil's Attorney-General has requested the full suspension of the law dealing, inter alia, with urban and rural land regularization (Law No. 13,465/2017), arising from Provisional Presidential Decree No. 759/2016 and addressed in the e-book "Inovação, celeridade e aumento de eficiência: o que muda no mercado imobiliário com a Lei nº 13.465/17" ["Innovation, speed, ​​and increased efficiency: what changes in the real estate market with Law No. 13,465/17"]. The petition for an injunction was filed in Direct Action of Unconstitutionality ADI No. 5,771, filed on September 1.

 

The argument for requesting a declaration of unconstitutionality is that Law No. 13,465/17, (i) although converted into ordinary law, originates from a provisional presidential decree devoid of the constitutional requirements of relevance and urgency; (ii) it defies the right to housing, the right to property, the fulfillment of its social function, the protection of the environment, urban development policy, the duty to make the allocation of public and vacant lands compatible with agricultural policy and the National Plan for Agrarian Reform, all fundamental objectives of Brazil, the prohibition on retrocession, the existential minimum, the principle of proportionality, the provision that the payment of indemnities under the agrarian reform will be done via agrarian debt securities, the requirement of popular participation in municipal planning, and the constitutional rules of special urban and rural adverse possession; and (iii) it does not follow the jurisdiction constitutionally reserved for complementary laws and the jurisdiction of the Federal Government to legislate on Civil Procedure Law.

 

Is possible to affirm that the action has a clear focus on the provisions relating to agrarian reform and the discussions held during the process of conversion of Provisional Presidential Decree No. 759/2016 into law. These provisions are related to the possibility that the legislation may have the effect of facilitating the regularization of land occupancy based on illegal titles, also known as "landgrabbing."

 

In addition, although Law No. 13,465/2017 remains in full force until a final decision to the contrary is rendered, Brazil's Attorney-General Recommendation No. 1/2017, included in the record of the Direct Action of Unconstitutionality, states that the chairman of the National Institute for Colonization and Agrarian Reform (INCRA) and the Undersecretary of the Terra Legal Program, in general and from now on, should refrain from adopting the provisions of Law No. 13,465/2017 as a basis for determining the values ​​of titles relating to rural property regularization.