A REGULATING THE SALE OF LAND TO FOREIGNERS AND THE CONSEQUENTIAL IMPACTS ON THE ENVIRONMENT a critical look towards the protection of the Amazônia

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Rafael Rocha
Elcio Nacur Rezende

Abstract

Since the discovery of Brazil, the Brazilian territory has been the object of foreign interests, in view of its vast natural wealth. The Federal Constitution of Brazil provides a limited effect legal rule about the acquisition or lease of rural properties by a foreign person or legal entity, which the infracontitutional legislation is the responsible of that regulation. One of the objectives of this work is to evaluate in the current legal scenario the acquisition of Brazilian land by foreigners is possible, in addition to verifying whether the new regulation proposed by Bill No. 2.963/19, if transformed into law, it may impact on negative and irreversible environmental damage to Brazil, especially to the Amazon territory. The hypothetical deductive methodology was used, confirming the hypothesis raised, by which the emergence of new foreign private enterprises with the relaxation of the current legislation may increase the degradation to the environment, although there is a theoretical possibility of improving the country's socioeconomic aspects. This fact directly affects the conservation of the natural environment and impacts on serious and irreversible consequences for the Brazilian Amazon, as well as the entire national territory.

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Author Biographies

Rafael Rocha, Escola Superior Dom Helder Câmara (ESDHC)

Mestrando em Direito pela ESDHC. Graduado em Direito pela ESDHC. Advogado. Research Assistant pelo Centro de Excelência Europeu Jean Monnet na Universidade Federal de Minas Gerais (UFMG).

Elcio Nacur Rezende, Escola Superior Dom Helder Câmara

Pós-Doutor, Doutor e Mestre em Direito. Professor da Escola Superior Dom Helder Câmara.
Procurador da Fazenda Nacional. ORCID: https://orcid.org/0000-0002-2369-8945 / e-mail:
elcionrezende@yahoo.com.br