Rural Land Ownership In Brazil And The Restrictions For The Foreign Capital Over Rural Properties

Abstract

This work presents a summary of the laws governing land ownership in Brazil, focusing on restrictions against foreign capital. Since 1971, the legislation on the acquisition of rural areas by foreigners has been subject to legal uncertainty due to different interpretations of the laws. In the period between 1971 and 1995, a common understanding stated that the legislation was restrictive. From 1995 to 2008, restrictions have become less aggressive to the foreign capital and from 2008 to 2012, several legal opinions were issued defending the maintenance of the constraints for land acquisition by foreigners. In 2013, some court decisions granted authorization for it, both at the state (TJ-SP) and the federal leve