State law and community law: the use of rural property purchase and sale contracts in the Concórdia microregion

Abstract

Brazilian legislation, expressly provided in article 65 of Law no. 4,504/64, which provides for the Land Statute, that the rural property is not divisible into areas smaller than the constitutive module of rural property. The limitation imposed by the legislation regarding the minimum size for the division of rural property favors the creation of a reality parallel to the margins of the law, in which the population, faced with the impossibility of carrying out the purchase and sale through public deed and registration registration of the property, performs the negotiation only private contract of purchase and sale. This legal transaction, however, when analyzed from a legal perspective, does not transfer ownership of the immovable property, and may lead to legal impasses between the parties, which is why the legal analysis of the situation is of paramount importance both for the academic environment and for the population of the region that is directly affected. In this context, the question arises about the use and effectiveness of contracts for the purchase and sale of rural property in the micro-region of Concórdia? To answer the proposed question, we seek to analyze the concepts, historical origin and requirements of the property acquisition and transfer procedure, as well as to investigate the interpretative concepts of the agrarian and land structure present in Brazilian legislation. It is concluded that despite their questionable legality and effectiveness, contracts are widely used in the micro-region of Concórdia for the negotiation of real estate with an area smaller than the legal minimum, which is why the legal analysis of the situation is of paramount importance both for the academic environment, and for the population of the region that is directly affected.