Rural Land Ownership Uncertainty Looms in Brazil with Civil Code Revamp

Brazil’s Senate President Rodrigo Pacheco (PSD-MG) has introduced a proposal to update the country’s Civil Code.

This plan might change how family, abortion, and property rights are viewed. A commission suggests changes that could let landless people claim rural land without paying owners.

The proposal updates laws on personal, family, and business rights.

Yet, it could weaken the right to own property, a key part of democracy. This proposal is just starting its journey through the legislative process.

Experts worry about two changes in particular

First, Article 1,210 might now let large groups claim land together. This could help landless people keep the land they occupy.

It might lead to more disputes over land, encouraged by recent government support.

Second, Article 1,228 could let people lose land ownership if others use it well for five years.

Previously, the law said the original owner must be paid in such cases. Now, payment isn’t guaranteed.

Experts say this could mean owners don’t get paid.

The law does say the government could pay, but only if the occupants have low income and the government joins the case.

If not, the owner gets nothing, which is against what the Constitution says about getting paid for taken land.

Legal experts fear this brings uncertainty. Judges might have too much power in land disputes, which could lower land values and change how ownership is seen.

The proposal, made last September, would change over a thousand parts of the Civil Code from 2002. The old code, from 1916, took 40 years to update.

This matters because land ownership is the foundation of society and the economy.

Changes could affect many, from farmers to businesses, and reshape legal battles over land.

Rural Land Ownership Uncertainty Looms in Brazil with Civil Code Revamp

Since President Luiz Inácio Lula da Silva took office in 2023, Brazil has seen a resurgence in land occupations by the Landless Workers’ Movement (MST).

These actions come after a period of decreased activity during the administrations of Michel Temer and Jair Bolsonaro.

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