Bill 410/2021, authored by Governor João Doria (PSDB), is expected to be voted urgently in the Legislative Assembly of São Paulo in the coming weeks. in rural state settlements.
With the discourse that it is the best thing for the family farmer, the measure could mean the regularization of illegal occupation of public lands and the end of the settlement policy in São Paulo.
Presented on June 26, the measure puts the lives of more than ten thousand families in 140 settlements in the state of São Paulo at risk.
According to the Itesp Employees Association (Afitesp), the obligation imposed on the farmer will cause them to acquire a compulsory debt with the State and, thus, run the risk of losing their land if they do not comply with the extensive list of requirements.
“The proposal is in clear disagreement with the Federal and State Constitutions, which provide for the option between the Domain Title or just the Concession of Real Right of Use (CDRU), free title, which guarantees legal security by contract with the State and allows the hereditary succession of the title for future generations”, explains Marcelo Goulart, retired prosecutor of the Public Ministry of São Paulo.
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More than 150 thousand hectares of public areas already destined for rural settlements are also at risk from the measure, which is unconstitutional, alerts Afitesp.
Thus, due to the seriousness of the proposal, the association defends the withdrawal of the urgency regime in the process and the carrying out of a broad debate between the category, settlers, social movements and the entire civil society to discuss the direction of agrarian and land policy in the state of São Paulo.
However, if on the one hand, farmers in settlements have their rights threatened, land grabbing will benefit from the proposal. This is because the special rapporteur of the Constitution, Justice and Writing Commission, state deputy Mauro Bragato (PSDB) included, on September 2nd, an article that amends Law No. 4925/85.
The change allows the sale of the current stock of public land (approximately 450,000 hectares, of which 180,000 have already been deemed unoccupied) to farmers who occupy large areas through land grabbing.
“In a context of increasing hunger and unemployment, public lands should fulfill their mission of social justice, guaranteeing food security and environmental preservation and not being destined for agribusiness, this means the end of the policy of rural settlements and democratization of access to land built almost 40 years ago by the state of São Paulo”, warns Afitesp.
Check out other controversial points of the Bill listed by Afitesp:
- The PL provides that to become the owner of the land, the settler must make the Rural Environmental Registry (CAR) and register the title with the Real Estate Registry. However, the bill does not foresee that the State will carry out the georeferencing and regularization of the property’s registration, says Afitesp.
- A survey estimates that 60% of the areas are not regularized and registered in the name of the State, because they still remain in the name of the former occupants, so the titles issued will not be subject to registration in a notary’s office. In this way, the settler runs the risk of losing the land, while the Government refuses to hand over the property free and clear.
- The clauses present in the Domain Title will be in effect for 10 years and only for current beneficiaries. After this period, whoever acquires the titled area will have no obligation to maintain rational exploration, nor to fulfill the social function of the land.
“With the entry of these areas into the land market, the tendency is for irregular occupation, real estate speculation, and the re-concentration of these lands, distorting the original objective of the law, which is to serve the landless population and food production”, says the president of Afitesp, Robson de Oliveira.
According to data from the Land Institute Foundation of the State of São Paulo (Itesp), the settlements sold BRL 300 million in agricultural products in 2019 alone.
Another issue is environmental preservation, since the proposal may pose risks to the maintenance of environmental preservation areas inserted in the settlements.
The PL makes no mention of the destination of the legal reserve areas, which are demarcated based on the registrations of the properties in which the settlements are located, the question remains as to who, in fact, will be responsible for the thousands of hectares of these areas contained in the state settlements if the PL is approved”, he comments.
For the association, instead of the proposal that harms the settlers, it should raise and implement new rural settlements in thousands of hectares of land already considered vacant throughout the state of São Paulo and the option to implement the Real Usage Right Concession ( CDRU) from lots to farming families in state settlements.
Edition: Anelize Moreira