On December 11, 2019, Provisional Measure nº 910 ("MP") was published establishing new rules for the formal settling of occupied lands located in areas of the Union.
Among the main measures brought by the Provisional Measure, we highlight:
- Possibility of formally settling land occupations not only in the Legal Amazon region but also in all areas of the Union or the Rural Land Federal Agency ("Incra");
- Need to prove peaceful occupation of land by May 5, 2014. The previous deadline was July 22, 2008;
- Obligation to present the Rural Environmental Registry ("CAR") for those interested in regularizing the land;
- Obligation of prior inspection by Incra if the property is involved in an environmental violation notice issued by the Brazilian Federal Environmental Agency ("IBAMA"), exempt if the interested party has adhered to the Environmental Regularization Program ("PRA").
The MP is in force, but to remain effective it must be approved by the Brazilian Congress within 120 days of its publication.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.