PORTUGUES DA PROPRIEDADE FIDUCIÁRIA POR CREDOR ESTRANGEIRO EM FAIXA DE FRONTEIRA

Abstract

This work aims to examine the possibility of consolidation of fiduciary property by foreign creditors in lands of the Brazilian Border Zone, given the recent alterations by Federal Law no 13.986/2020 (Agrobusiness Act), especially with regard of the Legal Amazonia. In a first moment, the article describes the history of regulations concerning the acquisition of land by foreigners in Brazil. Afterwards, the institution of chattel mortgage will be analyzed, as provided in Federal Law no 9.514/1997. A discussion on the Brazilian Border Zone follows, regarding its legal provision, its functions and overall importance. In the fourth and last chapter, main object of this article, we analyze the possibility of consolidation of fiduciary ownership given as chattel mortgage by foreign creditors in the Brazilian Border Zone, bringing the discussion about its reflexes for the economic and social development of the regions. In conclusion, it is argued that the recent normative changes have allowed the consolidation of property in favor of the foreign creditor. The employed methodology is logical-deductive, supported by national research on National bibliographical legal and social sciences when necessary.