Decree No. 6829, April 27 2009

Original Language Title: Decreto nº 6.829, de 27 de Abril de 2009

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DECREE NO. 6,829, OF April 27, 2009.

Regulatory to Provisional Measure no 458, of February 10, 2009, to dispose of the fundaily regularization of urban areas located on Union lands within the framework of the Legal Amazonia, defined by the Supplementary Act no 124, of January 3, 2007, and gives other arrangements.

The PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers him the art. 84, incisus IV, of the Constitution, and with a view to the provisions of the Provisional Measure no 458 of February 10, 2009.

DECRETA:

Art. 1o This decree regulates the Provisional Measure no 458, of February 10, 2009, to dispose of the funday-to-day regularization of the areas Urban situated on Union lands within the framework of the Legal Amazonia, defined by the Act Supplementary no 124, of January 3, 2007.

Art. 2o For the purposes of this Decree, consider yourself:

I-consolidated urban areas: those that feature implanted viarium system and density gross population greater than or equal to twelve inhabitants per hectare;

II-viary system implanted: set of lanes of circulation, paved or not, which defines soil parceling in blocks, subdivided into batches; and

III-gross population density: the one defined by the relationship between the total resident population and the total area of the perimeter object of the donation request.

Single paragraph. The density mentioned in the inciso I could be calculated by estimation, from the number of housing entered in the object area of the donation request and the average number of persons per family in the State, according to the data of the Institute Foundation Brazilian of Geography and Statistic-IBGE.

Art. 3o The request for donation of areas or of granting of real law of use made by the municipality to the Ministry of Agrarian Development should be instructed with the following pieces, in addition to other documents to be required by that Ministry:

I-request for a duly substantiated donation and signed by your representative;

II-proof of the occupation conditions of the intended area by means of cadastral topographic surveying, aerial photogrammetry, satellite image or other georreferenced equivalent medium, presented in hardcopy and in digital medium, which enables the identification of:

a) geographical accidents, such as: ditches, streams, rivers, lagoons, and elevations;

b) masses of vegetation, from remaining crops when existing and the untachable areas for rural use;

c) implanted viary system; and

d) edifices and too many existing benfeasions.

III-memorial descriptive and georreferenced plant from the perimeter of the intended area, according to technical standard drawn up by the National Institute of Colonization and Agrarian Reform-INCRA;

IV-copy of the law of the Director Plan or the specific municipal law containing the Spatial Planning Plan for Urban Expansion Area, when the requirement address area donation for urban expansion;

V-relation of existing federal accessions and benfeasions in the intended area, containing its identification and location or declaration signed by the representative of the municipality attesting to its inexistence; and

VI-declaration or laude signed by habilitated technician attesting that the object area of the donation request has lost its agricultural vocation.

Art. 4o The Territorial Planning Plan for Urban Expansion Area of which it treats art. 2o, inciso VIII, of the Provisional Measure no 458, of 2009, is to be part of the Plan Director of the Municipality or be instituted by specific municipal law that has as the object the spatial planning.

§ 1o The Spatial Planning Plan for Urban Expansion Area should meet the principles and guidelines set forth in Law no 10,257, of July 10, 2001, and contain:

I-feasibility study justifying the urban sprawl in the municipality;

II-zoning for the urban sprawl areas, covering the interface with the consolidated urban areas;

III-definition of guidelines for environmental protection and historical and cultural heritage;

IV-definition of guidelines and urbanistic parameters of parceling, use and occupancy of urban soil, density population and the viary system;

V-definition of guidelines for the energy infrastructure electrical, water supply, collection and treatment of sewage, as well as the collection and treatment of solid waste;

VI-delimitation of the Special Zones of Social Interest in sufficient area to meet the housing demand of social, current or future interest.

§ 2o The Spatial Planning Plan for Urban Expansion Area should appropriate to the provisions of the Municipal Director Plan Act, when there are.

§ 3o The National Bureau of Urban Programs of the Ministry of Cities set, by means of technical standard, the elements and conditioners to be observed in the drafting of the Spatial Planning Plan for Urban Expansion Area, in a manner to substantiate the fulfilment of the provisions of § 1o of this article.

§ 4o The Spatial Planning Plan for Urban Expansion Area should be presented at a public hearing and the City Council of the City or similar, when there is, for discussion of the feasibility and justification of the urban expansion proposition or the deployment of new urban areas.

Art. 5o The Ministry of Agrarian Development will target the municipalities the required areas, after consultation with the Union Heritage Office, National Indian Foundation, Brazilian Forest Service, Chico Mendes Institute of Conservation of Biodiversity and National Registry of Urban Programs of the Ministry of Cities.

§ 1o The organs mentioned in the caput will be consulted by means of craft, accompanied by electronic file containing the documents provided for in the art. 3o.

§ 2o The consulted bodies are expected to express themselves about possible interest in the area, within the maximum of thirty days, by importing the silence in the absence of opposition to regularization.

§ 3o The manifestation of the organs should demonstrate the existence of interest or linkage of the area to be regularized with the development of its assignments, observed their respective competences.

§ 4o The National Bureau of Urban Programs of the Ministry of Cities will issue opinion on the technical pieces submitted by the municipalities alongside the application for donation or grant of actual law of use, manifesting themselves as to their suitability for the terms of the Law no 10,257, of 2001, and fulfillment of the requirements of art. 23 of the Provisional Measure no 458, from 2009.

§ 5o The Defense Council National should be consulted when regularization is versed over areas located in border strip, observed the time frame provided for in § 2o.

§ 6o Ressalvada the manifestation of the National Defense Council, and there is opposition from the consulted bodies and persisting the interest of the Ministry of Development Agrarian in the targeting of the required area, it will be up to the Executive Group, provided for in the Decree of April 27, 2009, to direct the conflict around regularization.

Art. 6o Case the area required by the municipality covers land of marine, marginal or reserved, their increased or other unsustainable areas of disposal, will fit the Union Heritage Office of the Union Ministry of Planning, Budget and Management to delimit the strip of the area not susceptible to divestness.

Art. 7o For delimitation of the predicted track in the art. 6o, the Office of the Union Heritage Office of the Ministry of Planning, Budget and Management will institute commission composed of its servers.

§ 1the Powers will be invited to participate in the commission expected in the caput, the representatives of the municipality, the Ministry of Agrarian Development and other public bodies, involved in the process of funnical regularization.

§ 2o The predicted track in the art. 6o will be defined in each of the areas required by municipalities and will extend to the limit of fifteen meters, for areas located on marginal land and thirty-three meters for the areas located on marine land, to be departing of the line of the flood of federal rivers or the line of maximum preamar, as the case may be.

§ 3o For definition of the track provided for in § 2o should be disregarded the landfills and increased.

§ 4o The intended delimitation in the art. 6o will be drawn up from the descriptive plant and memorial, predicted in the art. 3o, inciso III, which will be forwarded to the committee by the Ministry of Agrarian Development.

Art. 8o The occupations of areas not entered in the range predicted in the art. 6o shall be regularized by the Ministry of Agrarian Development by means of donation, observed the terms of the Provisional Measure no 458, of 2009, and the procedure laid down in this Decree.

Art. 9o The granting of real right of use of the areas entered in the strip provided for in the art. 6o will be heard from the municipalities by the Union Office of the Union Heritage Office of the Ministry of Planning, Budget and Management, under the specific legislation.

Art. 10. The outorga to the municipality of the granting of real right of use of the areas located in full in the areas provided for in the art. 22 of the Interim Measure no 458, of 2009, occupied by low-income population, could be effective from the lavage of self-demarcation self upon portaria expedited by the Registry of the Union Heritage Site of the Ministry of the Planning, Budget and Management.

Single paragraph. In the hypothesis provided for in the caput the procedure laid down in the art will be dispensed. 6o.

Art. 11. The funday-to-day regularization of the ongoing urban areas in the Union Heritage Secretariat of the Ministry of Planning, Budget and Management will be effective under the specific legislation.

Art. 12. Fulfilled the requirements set out in the Provisional Measure no458, of 2009, and in this Decree, the Ministry of Agrarian Development or the Union Heritage Office of the Ministry of Planning, Budget and Management will formalize the intended area of the area required by the municipality, by means of donation title or actual law grant of use.

Art. 13. The endowing or actual law grant titles of use will be registered in the General Register of Real estate in favor of the municipality and should contain, among others, the following clauses:

I-that determines the funnical regularization of the occupied batches in favor of the occupant effectors, in the conditions provided for in the Interim Measuation no 458, from 2009; and

II-that determines the preservation of the environment, cultural heritage and social interest.

Single paragraph. In the areas targeted by the outward of granting of real law of use, the municipality should provide the Union Heritage Office of the Union Ministry of Planning, Budget and Management the enrollment of the occupants and the georreferenced delimitation of the titrated occupations.

Art. 14. Municipalities will be able to regularize the occupied areas by means of full-domain transfer title or real-law grant of use.

Single paragraph. The regularization of the areas received by means of granting real right of use will give upon the outward of the same title, observed the conditions laid down in the art. 30 of the Provisional Measure no 458, from 2009.

Art. 15. The Ministry of Agrarian Development and the Union Heritage Office of the Ministry of Planning, Budget and Management will be able to promote surveys, at any time, in order to substantiate the veracity of the information provided by the municipalities in the endowments for donation or the granting of actual law of use.

Art. 16. The National Bureau of Urban Programs of the Ministry of Cities will support the Municipalities:

I-in the drafting of the Spatial Planning Plan for Urban Expansion Area;

II-in the elaboration and revision of Municipal Director Plan;

III-in the implementation of the Municipal Director Plan;

IV-in the actions concerning urban fundaily regularization;

V-in the elaboration of the plants and descriptive memorial of the perimeter of the area to be pleated; and

VI-in other actions required to confer technical and institutional aport to municipalities on the effectivation of the donation procedures set out in the Interim Meastation no 458, of 2009, and in this Decree.

Art. 17. This Decree comes into effect on the date of its publication.

Brasilia, April 27, 2009; 188the of Independence and 121o of the Republic.

LUIZ INÁCIO LULA DA SILVA

Joao Bernardo de Azevedo Bringel

Guilherme Cassel

Marcio Fortes de Almeida