{"id":34702,"date":"2017-02-15T09:55:44","date_gmt":"2017-02-15T12:55:44","guid":{"rendered":"http:\/\/www.rioonwatch.org\/?p=34702"},"modified":"2020-08-07T14:03:47","modified_gmt":"2020-08-07T17:03:47","slug":"brazilian-president-issues-executive-order-to-regularize-urban-and-rural-land-give-titles-to-favelas-and-farms","status":"publish","type":"post","link":"https:\/\/rioonwatch.org\/?p=34702","title":{"rendered":"Brazilian President Issues Executive Order to Regularize Urban and Rural Land, Give Titles to Favelas and Farms"},"content":{"rendered":"

Clique aqui para Portugu\u00eas\"\"<\/em><\/strong><\/a><\/p>\n

As of December, titling<\/a> of favelas and other communities on federal land initially occupied without permission across Brazil may have become much easier.<\/span><\/h4>\n

Interim\u00a0Measure 759\/2016<\/a>\u00a0was\u00a0<\/span>published on December 23, 2016,\u00a0to facilitate regularization of both urban<\/a><\/span>\u00a0and rural<\/a><\/span>\u00a0federal land across Brazil. Interim Measures, or\u00a0Medidas Provis\u00f3rias<\/a>,<\/em><\/span>\u00a0are acts solely by the president and come into force immediately, similar\u00a0to Executive Orders<\/a><\/span>\u00a0in US law. Notably, in addition to facilitating land regularization and\u00a0encouraging individuals on federal land to seek legal title, MP 759\/2016<\/a> also recognized the direito a laje<\/em>, a common investment asset in favelas–referring to the ownership of the right to build an additional story on top of the\u00a0building in question.\u00a0<\/span><\/p>\n

\"Temer<\/a><\/p>\n

Chapter IV covers the direito a laje<\/em>\u00a0which is a newly recognized property law right<\/a> in the Brazilian civil code.<\/span>\u00a0Laje<\/a><\/span>, literally \u201cslab,” refers to the pre-prepared cement slab roof\u00a0on a house that is left robust enough to withstand additional stories built above. Favela homes will be “with laje<\/em>” or without, and this indicates whether or not it is ready to take on additional floors.\u00a0A related but different concept (and seen as illegal) are\u00a0puxadinhos<\/em>, or additions to existing buildings that extend them into the public realm (of the street, for example). Both the laje<\/em> and the\u00a0puxadinho<\/em>\u00a0are strategies employed by\u00a0favela residents to meet the need<\/a> for space of growing families and community businesses.<\/span><\/p>\n

MP 759\/2016\u00a0regularizes the practice<\/a> of recognizing ownership of the laje<\/em>\u00a0by providing that they can be recognized as separate units with a separate owner and a legal title distinct from the rest of the building.\u00a0Article 25, subsection 7, clarifies that pre-existing laws that allowed for separate ownership of the same building applied only to condominiums. Although a similar concept, the laje<\/em>\u00a0was not regulated by the condominium laws, and before MP 759\/2016, the laje<\/em>\u00a0could not be owned separately.<\/p>\n

<\/a><\/p>\n

A laje<\/em> may be a floor of a building, basement, or other unit. <\/span>To qualify<\/a>\u00a0legally as a laje<\/em>\u00a0under MP 759\/2016, Article 25, the unit must have its own entrance and it must be impossible to divide the land on which the building sits into individual lots.\u00a0Article 25, subsection 5 also provides that lajes<\/em> are “alienable:” those with title to a laje will be able\u00a0to sell the unit and record the sale, or other legal changes to ownership.<\/span><\/p>\n

To facilitate regularization, the law includes measures<\/a><\/span>\u00a0to ease acquisition of legal title. The traditional title will be replaced<\/a> with an \u201cacknowledgement of original acquisition\u201d once the registration system is approved.<\/span>\u00a0In order for this registration to be carried out, municipal governments are told to recognize occupations<\/a> of both public and private land as irreversible and consolidated.<\/span><\/p>\n

Chapter 1, section II, provides\u00a0two routes<\/a>\u00a0to regularization: social interest and specific interest. Social interest refers to low-income individuals who occupy the land for housing. For those who fall into this category, the government covers the costs of registering the property and all basic infrastructure for the property.<\/span>\u00a0Those who do not fall into the first category may regularize property under the specific interest provisions, but will have to cover their own costs.\u00a0<\/span><\/p>\n

\"View<\/a><\/p>\n

Proponents of the law argue that regularization will<\/a> bring millions of property assets\u00a0into the economy, helping to stimulate the market. Additionally, they promote\u00a0that formal land ownership increases access to credit. Meanwhile, social movements fighting for land reform in Brazil are skeptical<\/a> of the intentions<\/a> and concerned about the potential impact of the policy. Brazil’s Landless Workers Movement (MST) says the objective of this titling scheme is simply to “put land on the market<\/a>” and “turn Brazil’s land regularization agency (INCRA) into a real estate developer.”<\/span><\/p>\n

In cities, skeptics\u00a0worry that regularization with individual titles\u00a0will fuel\u00a0real estate speculation<\/a><\/span>\u00a0and make favelas vulnerable to gentrification<\/a><\/span>, ultimately pushing low-income residents to the city\u2019s outskirts to form new, precarious favelas. In fact, several favelas in Rio are already witnessing\u00a0residents rejecting titles for this very reason<\/a>. Furthermore, land regularization<\/span>\u00a0does not address primary\u00a0problems faced by favela residents, such as\u00a0a lack of access to basic\u00a0services like\u00a0sanitation<\/a>, quality education<\/a> and healthcare<\/a>.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Clique aqui para Portugu\u00eas As of December, titling of favelas and other communities on federal land initially occupied without permission across Brazil may have become much easier. Interim\u00a0Measure 759\/2016\u00a0was\u00a0published on December 23, 2016,\u00a0to facilitate regularization […]<\/a><\/p>\n<\/div>","protected":false},"author":128,"featured_media":33300,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[1267,1854,1288,335,1329],"tags":[1720,220,698,65,2122,26,709,936,354,2010,2388,273,2351,10],"writer":[2157],"translator":[],"illustrator":[],"photographer":[],"class_list":{"0":"post-34702","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-gentrificationwatch","8":"category-housingwatch","9":"category-highlight","10":"category-policies","11":"category-by-international-observers","12":"tag-affordable-housing","13":"tag-construction","14":"tag-federal-government","15":"tag-gentrification","16":"tag-housing-law","17":"tag-housing-rights","18":"tag-laje-rooftopterrace","19":"tag-land-titling","20":"tag-law","21":"tag-michel-temer","22":"tag-mp-759","23":"tag-property-rights","24":"tag-puxadinho","25":"tag-real-estate-speculation","26":"writer-laura-bachmann"},"_links":{"self":[{"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/posts\/34702","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/users\/128"}],"replies":[{"embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=34702"}],"version-history":[{"count":0,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/posts\/34702\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/media\/33300"}],"wp:attachment":[{"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34702"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34702"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34702"},{"taxonomy":"writer","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fwriter&post=34702"},{"taxonomy":"translator","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftranslator&post=34702"},{"taxonomy":"illustrator","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fillustrator&post=34702"},{"taxonomy":"photographer","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fphotographer&post=34702"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}