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Legal Intelligence
Real Estate
New rules to regulate licensing and construction of real estate in the city of Rio de Janeiro
Municipal Complementary Law (LC) No. 192/2018, published on July 19, establishes special conditions for the licensing of buildings (future improvements – named “mais valerá”) and additions in buildings (improvements – named...
Decision by the São Paulo State Court of Appeals on the right of filing restores legal certainty to real estate projects in the city of São Paulo
The Special Body of the São Paulo State Court of Appeals (TJSP) amended a preliminary injunction that had suspended the effects of article 162 of Municipal Law No. 16,402/14 (São Paulo’s Land Subdividing, Use, and Occupancy Law) and restrained...
Advance for the real estate market: Chamber approves regulations on termination of contracts
On October 6, a plenary session of the Chamber of Deputies approved the text of Law 10,728/2018, replacing the text proposed by means of Law No. 1,220/2015, which regulates the termination of contracts for the acquisition of real estate. The...
Federal Government announces commencement of remission of emphyteutic real estate properties
In order to increase collection, the Federal Government decided to sell the 17% ownership it holds in emphyteutic real estate property. With this measure, individuals, who hold 83% of these properties (useful domain), will become their full owners....
What changes with the proposed review of the Zoning Law?
The deadline for submitting contributions to the bill proposed by the City of São Paulo to review the Law on Land Partitioning, Use, and Occupancy - LPUOS (Law No. 16,402/16, known as the Zoning Law) ended March 30. The City announced it received...
The challenges of regulating the possession of federal public waters at port enterprises
The good standing of the use of physical spaces in public waters is as important for some enterprises as the good standing of the recording of the ownership of real estate in the respective real estate registry. Currently, the installation and use...
Arras: fundamentals and position of the courts
The word arra originates from the Latin arrha, whose meaning, as in the Egyptian aerb, Hebrew arravon, Greek arrabôn, and Persian rabab, which means a guarantee. A millennial institution in human relations, arras guaranteed, initially, the promise...
Change in rule regarding foreclosure on properties that are subject to fiduciary sale in guarantee
Federal Law No. 13,476/17, published on August 29, may have a major impact on the relationship between creditors and debtors in default when the asset is subject to a secured fiduciary sale in guarantee (alienação fiduciária em garantia). A...
Full suspension of new land regularization law requested
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...
Geo-referencing guarantees legal certainty in lawsuits related to rural properties
In lawsuits relating to rural properties, the Public Registers Law (article 225, paragraph 3) determines that judges must require precise identification of the characteristics, boundaries, and location of the property by the parties, which is known...
Innovation, speed, and increase in efficiency: what changes in the real estate market with Law No. 13,465/17
The real estate market received a large - and very welcome - legal stimulus on last July 11 due to the conversion of Provisional Presidential Decree No. 759, in effect since December 2016, into Federal Law No. 13,465/2017. In the midst of many...
Proposal for regulation of multiple ownership of real estate
Although not yet regulated in Brazil, the concept of multi-ownership, also known as time-sharing or fractional ownership, challenges the limitations of traditional property rights. By making it possible for several individuals to economically share...
Federal Revenue Service closes questioning on taxpayer identification of sub-condominiums
The decision by the Federal Revenue Service of Brazil (RFB) to include sub-condominiums among entities required to register with the National Register of Corporate Taxpayers (CNPJ) is a measure that should contribute to the administrative...
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