If the PL is approved, the social function of land will no longer be a prerogative of expropriations, as the STF reinforced in September
A bill is being developed in two commissions of the Chamber of Deputies that prohibits the expropriation of productive lands for the benefit of agrarian reform. PL 4357/23 is drafted by the deputy leader of the opposition in the Chamber, MP Rodolfo Nogueira (PL/MS), and modifies the agrarian reform law (8,629/93) so that the social function of land is no longer a prerogative of its expropriation. The proposal is a reaction by the Chamber to a recent agreement by the Federal Court (STF) on the subject.
In September, the Court rejected the request made by farmers and ranchers to “flexibilize” the section of the law dealing with the issue. The STF’s assessment is that respect for the social function is a requirement so that a productive asset cannot be expropriated for the purposes of agrarian reform, as guaranteed by the Constitution.
The agrarian reform law in force today guarantees that “rural assets that do not fulfill the social function envisaged by article 9 are subject to expropriation, under the terms of this law, in compliance with constitutional provisions”. In the event of expropriation, the government pays landowners through public debt obligations, and it is up to the National Institute of Colonization and Agrarian Reform (Incra) to organize settlements for rural workers there.
The proposal being examined today by the Chamber intends to delete this article of the law to insert the following determination: “It will not be possible to expropriate for social interest, for the purposes of agrarian reform, productive assets that do not fulfill their social function of productive land.”
According to article 9 of Law 8.629/93, the social function is fulfilled when the property meets the following requirements:
– Rational and adequate use;
– Adequate use of available natural resources and preservation of the environment;
– Compliance with the provisions regulating employment relationships;
– Exploration that promotes the well-being of owners and workers.
With the approval of Nogueira’s PL, productive lands will not need to meet these criteria to avoid the risk of expropriation for agrarian reform.
The text is treated definitively, that is, if it is approved by the Agriculture, Livestock, Supply and Rural Development commissions; and Constitution and Justice and Citizenship, does not need to be voted on in the Chamber and goes directly to the Senate.
Source: Terra
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