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Methodology

By means of a mediation work, endorsed by the Brazilian Civil Code, Terra Nova promotes Court Settlements between the owners and the occupants, represented by their Residents’ Association, in Repossession Cases or Petitionary Claims that weigh on areas that are irregularly occupied, peacefully settling conflicts related to land ownership. The methodology is based on judicial dispossession, foreseen in paragraphs 4 and 5 of Article 1,228 of the Brazilian Civil Code, enforcing the predominance of the principle of social function of the property, but conditioning the dispossession to the payment of a fair indemnity due to the owner as counterpart for the loss of the property.

Results

The Judiciary Power settles the conflict related to land ownership preventing the forced eviction of thousands of families who, otherwise, would have that to vacate the area without an adequate destination, being in a situation of extreme social vulnerability. At the same time, it prevents the owners from continuing unable to recover the property taken away, even when they get to the origin of their lawsuits before the Judiciary Power.

The Public Power prevents the resources in dispossessions, making possible to invest in infrastructure, such as basic sanitation, electric energy, opening and pavement of streets, and implementation of public equipment implementation in areas that, before, because of the agrarian conflict, would remain deprived of these investments essential to guarantee the quality of life of the inhabitants.

The owner is remunerated by the area and receives a fair indemnity paid by the inhabitants, in addition to deciding the tax questions incident on the property and avoid procedural expenditures and wear and tear with possessory or reclaimable actions; thus, it recovers a great part of the value of their property, transforming it into credit right with liquidity before the financial market.

The inhabitants decide the problem of ownership insecurity and, out of their own effort, win the property title, becoming the true owners of the lots where they live; this way, they recover self-esteem, because they leave the condition of irregular occupants, which provides to them, among other things, sense of citizenship and access to credit. From then on, they invest more in their housings, thus valuing their property, in addition to receiving infrastructure and improving their condition of life.

Watch the videos and learn more about our work: