Border strip (faixa de fronteira): property rules

What the Constitution and the law say

Article 20, § 2: “The strip of up to one hundred and fifty kilometres in width, along the land borders, designated as the border strip, is considered fundamental for the defence of the national territory.” Lei 6.634/1979, art. 1, defines it as the internal band of 150 km parallel to the land boundary line.

Article 2 of the law: “Except with the prior consent of the National Security Council, the practice of acts relating to the following shall be forbidden in the Border Strip”, among them:

• item V: “transactions with rural property that imply the obtaining by a foreigner of ownership, possession or any real right over the property”;
• item VI: the participation of a foreigner “in any capacity” in a legal person that holds a real right over rural property.

The text still names the National Security Council. The body that decides today is the Conselho de Defesa Nacional (Constitution, art. 91); article 4 of the law, as reworded by Lei 14.004/2020, already asks authorities and registry staff to demand proof of consent “of the National Defence Council” for any act the law regulates.

Which properties are caught

Items V and VI speak only of rural property (“imóvel rural”). Payotte found nothing in Lei 6.634 that bars a foreigner from buying a flat or house on an urban lot inside the strip. That is a reading of the text, and the law does not define the line between rural and urban: ask a lawyer registered with the OAB, and the registry, for the classification of the specific lot. A 150 km band is wide and includes towns. Payotte did not read the list of the municipalities falling in the strip.

Rural land in the strip is covered by two layers: the general limits of rural land restrictions for foreigners and this consent. INCRA’s page notes that the exemption from its authorisation (up to 3 modules, first acquisition) applies only to a purchase “outside the border area”.

Procedure

Under Decreto 85.064/1980, art. 33, rural transactions with foreigners in the strip are sent by INCRA to the General Secretariat of the council: “Os processos para transação de imóveis rurais com estrangeiros, na Faixa de Fronteira, serão remetidos pelo INCRA à SG/CSN”. The notary must see the proof of consent before drawing the deed (law, art. 4). Payotte did not read how long the council takes, or the form of the consent.

Consequences of skipping consent

• Acts done without the prior consent are “void” (nulos de pleno direito) and the responsible parties face a fine of up to 20% of the declared transaction value (art. 6).
• Notaries, registrars and commercial registry staff who do not demand the proof face a fine of up to 10% of the value of the irregular transaction (art. 4, sole paragraph), plus civil and criminal liability.
• The commercial registry may not file the articles of a company that violates the law (art. 5).

A guarantee in the form of a real security, or receiving property as payment of a debt, is excepted by art. 2, § 4 (added by Lei 13.097/2015); that concerns lenders, not buyers.

The federal-land rule that also reaches the border strip

The Decreto-Lei 9.760/1946, art. 205, provides that no federal property in the zones in art. 100, a) — which includes the border strip, the 100 m band along the coast and a 1,320 m radius around fortifications — may be sold, granted or transferred to a foreign individual or company without presidential authorisation. This concerns land belonging to the Union, not private land. Exemptions exist: a condominium unit in an urban area when the foreigners’ fractions do not exceed one third of the total, and, for individuals only, plots up to 1,000 m² inside the 100 m coastal band. See beachfront property and terrenos de marinha and laudêmio and the SPU certificate.

Practical checks before buying near a border

1. Read the matrícula (property record) to see whether the property is classified as rural or urban.
2. Ask the registry whether any federal-land entry appears.
3. If rural, ask INCRA and a lawyer about the consent process before signing a deposit.
4. Include a condition in the preliminary contract that the sale is subject to any authorisation required by law.
5. Do not use a company to get around the rules: the law reaches foreign participation in a company that holds the property (item VI).

Which professional to consult

A lawyer registered with the OAB with experience of rural and federal-land files; the registry (cartório de registro de imóveis) for the classification and encumbrances; INCRA for rural cases. See the property lawyer page.