--- slug: exclusao-infra lang: en titulo: Social interest declaration does not apply to road infrastructure, transmission lines, and pipelines resposta: The social interest declaration does not apply to road infrastructure under the SNV, transmission lines, and pipelines, as per Decree 9,431/2018. curto: Excludes roads, transmission, and pipelines tema: ANEEL Regulation revisada: 2026-10-03 proxima: 2027-04-03 --- ## Data | Excluded Infrastructure | Description | Source | Data | |--------------------------|-------------|--------|------| | SNV road infrastructure | National Road System (SNV) | Decree 9,431/2018, art. 4.º, I | 28/06/2018 | | Transmission lines | Structures for electric energy transmission | Decree 9,431/2018, art. 4.º, II | 28/06/2018 | | Pipelines | Infrastructure for fluid transport (e.g., oil, gas) | Decree 9,431/2018, art. 4.º, II | 28/06/2018 | Data consulted on 03/10/2026. ## Basis - [Decree 9,431/2018 (Planalto, in Portuguese)](https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2018/decreto/d9431.htm): Article 4.º states that the social interest declaration does not apply to SNV road infrastructure, transmission lines, and pipelines. ## How it applies The exclusion covers three specific categories: 1. SNV road infrastructure (e.g., federal highways, railways, ports, and airports under public management); 2. Transmission lines (regardless of ownership, public or private); 3. Pipelines (for transporting oil, natural gas, or other fluids). The rule is automatic: any rural property with these infrastructures cannot be declared of social interest for land reform purposes, even if it meets other legal requirements. ## Limits - Restricted scope: The exclusion applies only to the three categories listed in Article 4.º. Other infrastructures (e.g., energy distribution networks, gas stations) are not protected. - Proof requirement: Incra must verify, on a case-by-case basis, the existence and nature of the excluded infrastructure on the rural property, possibly requiring technical reports or public records. - Special regimes: If the infrastructure is subject to public concession or permission, the exclusion does not waive the need for prior authorization from the granting authority (e.g., ANEEL for transmission lines). - Updates: The text does not provide for automatic review of the excluded categories. Subsequent changes must be checked in Decree 9,431/2018 or in modifying regulations.