Atlas · ANEEL Regulation

Social interest declaration does not apply to road infrastructure, transmission lines, and pipelines

Reviewed on 2026-10-03 · next review 2027-04-03

Data

Data consulted on 03/10/2026.

Basis

• Decree 9,431/2018 (Planalto, in Portuguese): 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.

All sheetsPlain-text version (.txt)

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