Post by account_disabled on Mar 11, 2024 5:42:09 GMT
The President of the Republic, Luiz Inácio Lula da Silva, and the Attorney General of the Union, Minister Luís Inácio Lucena Adams, approved an opinion from the General Consultancy of the Union that limits the sale of Brazilian land to foreigners or Brazilian companies controlled by foreigners.
The document establishes a new interpretation for Law ,/, compatible with the current reality of the national land structure. It also clarifies doubts regarding the acquisition or leasing of rural properties in Brazil by foreigners.
The AGU was based on the Principle of Sovereignty Austria Phone Numbers List applied to the economic order and article of the Federal Constitution, which allows the State to discipline and regulate the investment of foreign capital by investors who do not live in Brazil and by companies based outside the country.
The Opinion took into account changes in the social and economic context in Brazil, in addition to other aspects such as the appreciation of agricultural commodities , the global food crisis and the development of biofuel.
According to the Union's general counsel, Ronaldo Vieira Junior, author of the document, the approval of the opinion by the Union's attorney general and the President of the Republic means an important change in the State's position.
With the new interpretation, land purchases will be registered in special books at the Real Estate registry offices. All records of acquisitions made by Brazilian companies controlled by foreigners must be communicated quarterly to the State Inspectorate of Justice and the Ministry of Agrarian Development.
The Opinion provides, among other restrictions, that companies will not be able to acquire rural property that has more than modules for indefinite exploitation. Only rural properties intended for the implementation of agricultural, livestock and industrial projects that are linked to the business objectives set out in statute may be acquired. These projects must be approved by the Ministry of Agrarian Development.
The restrictions also affect the size of the land. The sum of rural areas belonging to foreign companies or controlled by foreigners cannot exceed % of the municipality's surface.
In , at the request of the Ministry of Agriculture, the General Consultancy of the Union issued an opinion arguing that there could only be restrictions on the purchase of land by Brazilian companies with foreign capital if this impediment was expressed in the constitutional text, which did not occur, according to the understanding of the time, in accordance with the Constitution. Later, in , the Opinion was ratified by the AGU.
The document establishes a new interpretation for Law ,/, compatible with the current reality of the national land structure. It also clarifies doubts regarding the acquisition or leasing of rural properties in Brazil by foreigners.
The AGU was based on the Principle of Sovereignty Austria Phone Numbers List applied to the economic order and article of the Federal Constitution, which allows the State to discipline and regulate the investment of foreign capital by investors who do not live in Brazil and by companies based outside the country.
The Opinion took into account changes in the social and economic context in Brazil, in addition to other aspects such as the appreciation of agricultural commodities , the global food crisis and the development of biofuel.
According to the Union's general counsel, Ronaldo Vieira Junior, author of the document, the approval of the opinion by the Union's attorney general and the President of the Republic means an important change in the State's position.
With the new interpretation, land purchases will be registered in special books at the Real Estate registry offices. All records of acquisitions made by Brazilian companies controlled by foreigners must be communicated quarterly to the State Inspectorate of Justice and the Ministry of Agrarian Development.
The Opinion provides, among other restrictions, that companies will not be able to acquire rural property that has more than modules for indefinite exploitation. Only rural properties intended for the implementation of agricultural, livestock and industrial projects that are linked to the business objectives set out in statute may be acquired. These projects must be approved by the Ministry of Agrarian Development.
The restrictions also affect the size of the land. The sum of rural areas belonging to foreign companies or controlled by foreigners cannot exceed % of the municipality's surface.
In , at the request of the Ministry of Agriculture, the General Consultancy of the Union issued an opinion arguing that there could only be restrictions on the purchase of land by Brazilian companies with foreign capital if this impediment was expressed in the constitutional text, which did not occur, according to the understanding of the time, in accordance with the Constitution. Later, in , the Opinion was ratified by the AGU.