NEW FOREST CODE: DISPENSATION REGARDING THE AVERBATION LEGAL RESERVE IN THE REGISTRATION OF THE PROPERTY

<p>This article proposes to investigate the possibility of extraction from the Legal Reserve of the registration of the countryside property in the Registry of Real Estate. There is currently a great disagreement about article 18, paragraph 4, of the New Brazilian Forest Code, its drafting exempts the registration of the Legal Reserve (RL) at the Registry of Real Estate (CRI) for those who register RL in the Rural Environmental Registry (CAR). Taking a critical look at this device is very relevant since it did not present benefits. Therefore, the general objective is to research the New Brazilian Forest Code, in particular, the institute of release of registration of the Legal Reserve in the Registry of Real Estate. With regard to the specific objectives, the following are: confronting the current Forestry Code (Law 12.651 of 2012) with the Forestry Code repealed (Law 4771 of 1965); To analyze the constitutionality of article 18, paragraph 4, of the New Forest Code; Dare to propose a new model for the registration, simplified and that could lead to greater environmental protection. The structure of the article has been organized into three chapters. In the first moment the Rural Environmental Registry was commented. The second one was the Legal Reserve. Finally, a critical analysis was made of the disclaimer regarding the registration of the legal reserve area outside the registration of the countryside property in the Registry of Real Estate. It was defined by the following research problem: the dispensation of the legal reserve in the registration of the property is a step forward or backward?