The Normative Instruction No. 94 of the National Institute of Colonization and  Agrarian Reform (INCRA) was published on 12/ 27/2018. In art. 28 of said IN, it was included the possibility of regularization of acquisitions or leases made in disagreement with Law 5,709 / 71, which would be considered null and void in accordance with art. 15 of said law, via the National Rural Registration System (SNCR) when the foreign natural person:

(i) is married to a Brazilian citizen and has Brazilian or foreign children residing in Brazil, provided that the rural property (a) does not exceed 50 unexecuted operating modules; (b) does not exceed 25% of the total area of ​​the municipality owned by foreigners; (c) does not exceed the limit of 10% of the total area of ​​the municipality owned by foreigners of the same nationality; (d) is not located in a border area or in an area considered indispensable to national security;

(ii) transfer the domain of the rural property to Brazilian;

(iii) acquired the rural property until October 6, 1972.

INCRA also published Resolution No. 51, which amended the Guide for the Acquisition and Lease of Rural Property by Foreigners. The Resolution, on the grounds of the preservation of the legal good protected by Law No. 5,709 / 71 and constitutional principles, such as national sovereignty, legal certainty and general principles of economic activity, includes the provision and procedure to be adopted in cases of administrative validation of null and void acts, configured certain hypotheses, including those listed above and the cases of foreign legal entities or those equated  to them that have acquired and registered the rural property in disagreement with the legislation, but have alienated and transferred said rural property to a Brazilian National or that have acquired rural property in disagreement with the legal provisions but via public deed or has the real property registered in its name, pursuant to the Joint Normative Instruction MDA / MAPA / MDIC / MTUR / INCRA No. 01 of 2012 and Interministerial Ordinance No. 4.

The Normative Instruction No. 94 of the National Institute of Colonization and  Agrarian Reform (INCRA) was published on 12/ 27/2018. In art. 28 of said IN, it was included the possibility of regularization of acquisitions or leases made in disagreement with Law 5,709 / 71, which would be considered null and void in accordance with art. 15 of said law, via the National Rural Registration System (SNCR) when the foreign natural person:

(i) is married to a Brazilian citizen and has Brazilian or foreign children residing in Brazil, provided that the rural property (a) does not exceed 50 unexecuted operating modules; (b) does not exceed 25% of the total area of ​​the municipality owned by foreigners; (c) does not exceed the limit of 10% of the total area of ​​the municipality owned by foreigners of the same nationality; (d) is not located in a border area or in an area considered indispensable to national security;

(ii) transfer the domain of the rural property to Brazilian;

(iii) acquired the rural property until October 6, 1972.

INCRA also published Resolution No. 51, which amended the Guide for the Acquisition and Lease of Rural Property by Foreigners. The Resolution, on the grounds of the preservation of the legal good protected by Law No. 5,709 / 71 and constitutional principles, such as national sovereignty, legal certainty and general principles of economic activity, includes the provision and procedure to be adopted in cases of administrative validation of null and void acts, configured certain hypotheses, including those listed above and the cases of foreign legal entities or those equated  to them that have acquired and registered the rural property in disagreement with the legislation, but have alienated and transferred said rural property to a Brazilian National or that have acquired rural property in disagreement with the legal provisions but via public deed or has the real property registered in its name, pursuant to the Joint Normative Instruction MDA / MAPA / MDIC / MTUR / INCRA No. 01 of 2012 and Interministerial Ordinance No. 4.

Law 13,806, published on 01/11/2019, brought important updates to cooperative societies, including agro-industrial societies, by enabling companies to act as procedural substitutes for their members in defense of their homogeneous rights. The change occurred by the inclusion, in Law 5.764/71, of item XI to art. 21 to foresee the obligation of the cooperative to inform in its statutes whether or not it can act as procedural substitute of its members.

In addition, art. 88-A was included in the Cooperatives Act, determining that the cooperative may have extraordinary autonomous concurrent legitimacy to act as a procedural substitute in defense of the collective rights of its members when the cause relates to acts of direct interest of the members related to the cooperative’s market operations; however, to that end, it is necessary to have a provision in that sense in the statute and an express authorization either manifested individually by the member or by means of a general assembly that deliberates on the filing of the lawsuit.

Thus, it is important to remember that cooperatives that wish to benefit from the law update must review their statutes in order to adapt to the new law.

Law 13,806/19 came into force on the date of its publication.Law 13,806, published on 01/11/2019, brought important updates to cooperative societies, including agro-industrial societies, by enabling companies to act as procedural substitutes for their members in defense of their homogeneous rights. The change occurred by the inclusion, in Law 5.764/71, of item XI to art. 21 to foresee the obligation of the cooperative to inform in its statutes whether or not it can act as procedural substitute of its members.

In addition, art. 88-A was included in the Cooperatives Act, determining that the cooperative may have extraordinary autonomous concurrent legitimacy to act as a procedural substitute in defense of the collective rights of its members when the cause relates to acts of direct interest of the members related to the cooperative’s market operations; however, to that end, it is necessary to have a provision in that sense in the statute and an express authorization either manifested individually by the member or by means of a general assembly that deliberates on the filing of the lawsuit.

Thus, it is important to remember that cooperatives that wish to benefit from the law update must review their statutes in order to adapt to the new law.

Law 13,806/19 came into force on the date of its publication.

Brazilian Federal Revenue Normative Instruction No. 1828, published on 09/10/2018, instituted the Individual Economic Activity Registry (CAEPF), which is the registry of the Brazilian Federal Revenue Service with information on economic activities carried out by individuals, including those who carry out rural activities. This Normative Instruction provides, in its art. 7, that a registration must be done for each rural property of the same producer, even if located within the same municipality, applying the same rule for partners, sharecroppers, lessees or borrowers, regardless of the registration of the owner of the rural property explored.

Bear in mind that the enrollment in CAEPF became mandatory for all rural producers, as of January 15, 2019, as provided in art. 4, I, of the Normative Instruction.

Registration with CAEPF must be made exclusively by the e-Cac website, at http://www.receita.fazenda.gov.br.Brazilian Federal Revenue Normative Instruction No. 1828, published on 09/10/2018, instituted the Individual Economic Activity Registry (CAEPF), which is the registry of the Brazilian Federal Revenue Service with information on economic activities carried out by individuals, including those who carry out rural activities. This Normative Instruction provides, in its art. 7, that a registration must be done for each rural property of the same producer, even if located within the same municipality, applying the same rule for partners, sharecroppers, lessees or borrowers, regardless of the registration of the owner of the rural property explored.

Bear in mind that the enrollment in CAEPF became mandatory for all rural producers, as of January 15, 2019, as provided in art. 4, I, of the Normative Instruction.

Registration with CAEPF must be made exclusively by the e-Cac website, at http://www.receita.fazenda.gov.br.

One of the important legal reserve compensation instruments provided for in the Forest Code, the Environmental Reserve Quota (CRA), was recently regulated through Decree No. 9,640, published on 12/27/2018. The ruling regulates the procedures for issuance, registration, transfer, use and cancellation of CRA.

CRA can be issued by the owner of a rural property that has a surplus of remaining native vegetation or an area in the process of recovery within its approved Legal Reserve area. The transfer of CRA can be onerous or gratuitous to individuals or public or private legal entities that need to compensate deficit of Legal Reserve. According to the Decree, each CRA corresponds to one (01) hectare of recovering area with reforestation with native species or area with primary or secondary native vegetation at any stage of regeneration or recovery.

The Brazilian Forestry Service (SFB), an organ of the Ministry for the Environment, will be responsible for issuing CRA.

For more information on the current scenario of regularization of rural properties, you can read the recent article by our partner Juliana Stangherlin clicking here.One of the important legal reserve compensation instruments provided for in the Forest Code, the Environmental Reserve Quota (CRA), was recently regulated through Decree No. 9,640, published on 12/27/2018. The ruling regulates the procedures for issuance, registration, transfer, use and cancellation of CRA.

CRA can be issued by the owner of a rural property that has a surplus of remaining native vegetation or an area in the process of recovery within its approved Legal Reserve area. The transfer of CRA can be onerous or gratuitous to individuals or public or private legal entities that need to compensate deficit of Legal Reserve. According to the Decree, each CRA corresponds to one (01) hectare of recovering area with reforestation with native species or area with primary or secondary native vegetation at any stage of regeneration or recovery.

The Brazilian Forestry Service (SFB), an organ of the Ministry for the Environment, will be responsible for issuing CRA.

For more information on the current scenario of regularization of rural properties, you can read the recent article by our partner Juliana Stangherlin clicking here.