Guardians of temporary occupation Brazil

To answer your question you must first understand Brazilian civil law as it relates to real property.

While in most countries in the civilized world deeded property rights are supreme and absolute, here in Brazil it is not quite that clear cut. Civil laws also recognize occupancy to extend property rights as well, even in cases where property is simply invaded or otherwise occupied because the Constitution while recognizing the fundamental right to property, they are not shown to be absolute.

There is a law here called the "Lei de Usucapião", essentially squatter's rights. This law permits acquisition of property of others under a number of different circumstances through simple occupation of that property for a period of time (in most cases 5 years). This is because the Constitution of the Federated Republic of Brazil of 1988 has been interpreted to permit this in a couple of significant Articles:

Namely, Art. 5, XXII and XXIII

Constitution of the Federative Republic of Brazil 1988

We, representatives of the Brazilian people, gathered in the National Constituent Assembly to institute a democratic state, ...

Art. 5. All persons are equal before the law, without distinction of any kind, guaranteeing to Brazilians and foreigners residing in the country the inviolable right to life, liberty, equality, security and property, as follows:

XXII - the right to property is guaranteed;

XXIII - property shall meet its social function;

Because of this vague wording of the Constitution it has extended the same rights of ownership and the acquisition thereof to those who invade or otherwise occupy property as have the registered owners.

Once someone has occupancy it is nearly impossible to get them out, it requires lengthy and very expensive court applications, and usually requires a Court Order which empowers police to remove the occupants by force if needs be. This is something that may not happen for several years if at all as a result.

So now, perhaps you will understand the complete resistance Brazilians have to allowing anyone to occupy their property for any reason, the risk of losing an asset that you've saved for all your life and paid for with your blood, sweat and tears is simply too great.

Cheers,
James
Expat-blog Experts Team

Hi there James,
where it say  "Brazilians and Foreigners residing in the country", would you know "definition" of foreigners residing in brazil??? is there an amount of time you need to be in Brazil, before you reside here

Art. 5. All persons are equal before the law, without distinction of any kind, guaranteeing to Brazilians and foreigners residing in the country the inviolable right to life, liberty, equality, security and property, as follows:

Actually the Constitution applies to everyone who finds themselves in Brazil, citizens and non-citizens alike, tourists and even illegal immigrants. The moment you set foot on Brazilian soil you are afforded all the rights and subjected to all the obligations that are set out in the Constitution of the Federated Republic of Brazil of 1988.

That is why that certain Articles of the Constitution spell it out quite clearly that they apply only to "brasileiros natos" (born Brazilians).

yes again you come this the legal side to Brazil
so if I was invited to stay at someone's home free of charge, for say 3 mouths, and when it was time for me to leave, I decided I did not want to leave the home, there's really nothing could be done to kick me out, well for at least sometime

spanishpete wrote:

yes again you come this the legal side to Brazil
so if I was invited to stay at someone's home free of charge, for say 3 mouths, and when it was time for me to leave, I decided I did not want to leave the home, there's really nothing could be done to kick me out, well for at least sometime

"...nothing could be done to kick me out..."

I would not want to risk finding out how easily and cheaply thugs could be hired to, er, "persuade" you to leave...

OsageArcher wrote:

I would not want to risk finding out how easily and cheaply thugs could be hired to, er, "persuade" you to leave...

Yes, there's always that possibility here in the "Terra sem lei".   

Cheers,
James

I know how cheep these removal people are,  but not here, how dose the law stand, in regards of using these removal people in brazil, I know in Spain, it was looked down on and you could locked up using people that using force, to remove people

When the judicial system fails to do its job quickly and efficiently, people here in Brazil do not hesitate to take matters into their own hands.

I'd suggest that if you're in a situation where you have possession of property and you've been asked to vacate that you do so, and do so in a timely fashion. To do otherwise here in Brazil can have serious consequences.

There is always a very important consideration to be made, what is legal and what is the value of one's life. It matters little if you're right or wrong, if you're no longer around to hear a judge tell you that.

it sounds like I fit right at home here, Brazil is my kind of places
and James thanks so much for your help,