Private Property Act: the project would enable evictions in villages and settlements

The national government moved forward with a key reform in the area of private property: the bill that is already being debated in the Senate puts an end to the suspension of evictions and re-establishes the possibility of legally recovering occupied land throughout the country, in a move that aims to order a situation that for years was out of control.

The initiative involves a fundamental change from the current scheme in villages and settlements, where there was a generalized brake on evictions. With the new law, both the State and the owners could once again go to justice to claim their land, reactivating a mechanism that had been practically neutralized and that prevented the legal resolution of conflicts.

The initiative, which has already begun to be discussed in the Senate, introduces a central change: the end of the generalized suspension of evictions in villages and settlements. This means that both the State and private owners will be able to go back to justice to recover their land, something that for years was virtually blocked by current regulations.

One of the axes of the project is the repeal of the declaration of public utility of occupied land, a mechanism that enabled mass expropriations. This change seeks to fully restore the rights of formal owners, who in many cases have been unable to dispose of their land for years

.

In addition, the law rescinds the scheme that suspended evictions on a generalized basis, which had generated a system where irregular occupations were, in practice, protected against any judicial complaint. As a result of this reform, each case can be dealt with in the courts under criteria of legality.

The project also impacts the regime of housing certificates granted in popular neighborhoods. These documents, which allowed access to state services and programs, had been part of a transitory scheme that failed to translate into effective property titles in the vast majority of cases

.

In seven years, only 0.08% of homes managed to complete the deeds process, exposing the limitations of the previous model to solve the underlying

problem.

With this new approach, the Government seeks to establish clear rules on land tenure, end discretion and move towards a scheme where private property returns to being an effective and guaranteed principle.