Regularização Fundiária: Urbana x Rural

Summary

In this video, we explore the key differences between urban and rural land regularization in Brazil under Law 13.465. Viewers learn about the characteristics that define urban and rural properties, including zoning, taxes, and environmental regulations. The video also covers the processes involved in regularizing rural land, such as fiscal modules and environmental registry requirements. Additionally, it explains the two main types of urban land regularization: REURB-S (for low-income populations) and REURB-E (for others), focusing on the roles of government and property owners in the process. Stay tuned for more detailed videos on specific steps and procedures!

Takeaways

• 😀 Regularization of land can be classified into two types: rural and urban, according to Law 13.465.
• 🏠 An urban property must meet at least two criteria: a sidewalk or pavement, water supply, sewage system, public lighting, a school, or a health center within 3 km.
• 🌾 Rural properties are defined by agricultural, livestock, extractive, or agro-industrial activities and must comply with agrarian laws.
• 📏 Urban and rural properties may overlap in zones, so determining whether a property is urban or rural depends on zoning regulations set by the municipality.
• 💰 Property taxation can help identify the classification: properties paying IPTU are urban, while those paying ITR are rural.
• 📚 The law divides the regularization process into specific procedures for rural and urban properties, with environmental restrictions based on the property's location.
• 🌳 Rural properties in the Amazon or specific biomes face stricter environmental regulations as per the Brazilian Forest Code.
• 📍 For rural properties, the number of fiscal modules defines the size, and properties with more than one fiscal module must be registered in the National Rural Registration System.
• 📝 Large rural properties may be subject to environmental registration requirements and could face expropriation for agrarian reform purposes.
• 🏙️ Urban land regularization follows two modalities: REURB-S (social interest) for low-income areas and REURB-E (specific interest) for other informal urban settlements.
• 💡 REURB-S focuses on low-income informal areas and typically has minimal costs for property owners, while REURB-E involves infrastructure costs and proof of tax payments from the owners.

Q & A

What is the primary focus of the video?

The video focuses on explaining the differences between urban and rural land regularization, as defined by Brazilian Law 13.465.

How is urban property defined in the context of land regularization?

Urban property is defined as a property that, even outside its urban zone or without a zoning designation, possesses at least two of the following: curb or pavement with water channeling, water supply, sanitation system, public lighting, a school, or a healthcare post within 3 kilometers.

What is the key distinction between rural and urban properties?

Rural properties are those used for agriculture, livestock, or agro-industry and follow agrarian legislation, while urban properties are located in areas with established infrastructure like water, sewage, and public lighting.

How can one determine whether a property is urban or rural?

The primary method is to check the property’s zoning, as defined by the municipal master plan. Additionally, the type of tax the property pays (IPTU for urban properties, ITR for rural properties) can help identify its classification.

What does Law 13.465 establish regarding rural and urban land regularization?

Law 13.465 divides land regularization into rural and urban categories and sets out different procedures for regularizing each type of land, detailing requirements such as environmental considerations for rural land and infrastructure standards for urban land.

What are the specific rules for rural land located in the Legal Amazon?

Rural properties in the Legal Amazon are subject to stricter environmental regulations, and the property’s classification depends on the biomes it is located in (e.g., Amazon, Atlantic Forest, Cerrado).

What is the concept of 'módulo fiscal' in relation to rural property?

A 'módulo fiscal' is a measure of land size defined by INCRA, varying by region. It helps classify rural properties, with properties larger than one módulo fiscal requiring registration in the National Rural Cadastre, and those with more than four módulos needing an environmental rural registration.

What is the difference between regularization of rural land and urban land?

Rural land regularization involves environmental and agrarian legal considerations, such as respecting the Forest Code and registering the property in national rural systems. Urban land regularization, on the other hand, focuses on integrating informal settlements into urban planning, including providing infrastructure and legal titles.

What are the two types of urban land regularization (REURB)?

The two types are REURB-S (Social Interest Regularization) for informal urban settlements predominantly occupied by low-income populations, and REURB-E (Specific Interest Regularization) for areas occupied by non-low-income populations. The key difference lies in the funding for infrastructure and the responsibilities of property owners.

How do REURB-S and REURB-E differ in terms of costs and responsibilities?

REURB-S generally has minimal costs for the property owners, as the government covers most of the expenses. In contrast, REURB-E requires property owners to fund infrastructure improvements, provide technical studies, and prove payment of all taxes.