Direitos reais em favor de instituições financeiras estrangeiras sobre imóveis rurais na faixa de fronteira

Abstract

This work has as its object a very relevant subject, in the face of the undeniable foreign interest in the Amazonian riches, that go back to the times of colonization, where the movements of territorial penetration of Indian hunting and precious metals contributed to the formation of national borders. And precisely because of the need to defend the national territory and the frontiers that the border strip was established, since it is a strategic and fundamental area for the exercise of sovereignty. Thus, Brazilian legislation establishes numerous restrictions and strict requirements for the acquisition of rural properties by foreign companies, especially in the border area, an area that is fundamental to the defense of the national territory and sovereign power. Precisely for this reason, according to Law No. 6,634 / 79, any activity of use, exploitation, occupation of the soil by foreigners in rural properties located in the border range depends on prior authorization from the National Defense Council. In January 2015, Law 13,097 / 2015, which amended Law 6,634 / 79, brought about an important and controversial legislative change, that is, the waiver of the prior hearing of the National Defense Council to establish Royal Security Favor of foreign financial institutions on rural properties in the border area. Thus, the consequences of this legislative amendment will be addressed in the course of this research.