LEI Nº 10.267/01: PROPOSTA DE ALTERAÇÃO: LAW Nº. 10.267: PROPOSAL FOR AMENDMENT

• Autor(a) principal: PAGLIOSA ULKOWSKI, FÁBIO
• Data de Publicação: 2023
• Outros Autores: DE SOUZA PEREIRA MONTEIRO JULIÃO, RUI PEDRO
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Faculdade de Direito da UFG (Online)
• Texto Completo: https://revistas.ufg.br/revfd/article/view/69375
• topic: Lei nº 10.267, Registro Imobiliário, Georreferenciamento, Certificação, Isenção, PRONAF

Law No. 10,267 dated 2001 changing the paths to register lands in Brazil and increasing the surveying standards and procedures by means of real estate georeferencing (to be performed by a qualified professional). The INCRA takes prominent role in the process by checking the boundary overlapping between properties: the so called Rural Property Certification. In its third Article, the Law establishes exemption for land surveying costs, focused on homeowners of rural properties whose sized area are four or less fiscal modules. The objective of this paper is to present a proposal of change in legislation related to such exemption. Firstly, Decree 4.449 / 02, which regulated the law, defined this exemption for technical services to identify the property and later Decree 9.311 / 18 information only as administrative costs to generate the certification, totally excluding technical services. The idea is to present an intermediate proposal, where the owners who would really need support to proceed with the georeferencing would benefit. So it would be interesting to use a Governamental program where there is already a preliminary cadastre, with an approximate number of properties to be georeferenced, and where to find owners who need encouragement. Such program is the PRONAF1 who focuses on collecting data from family farmers of the country. [1]  - (National Family Farming Strengthening Program) - Decree nº 1.946, june, 28th, 1996, updated by Law nº 11.326, july, 24th, 2006.