The law that increases penalties for the crime of usurping real estate, also introducing faster procedural mechanisms to recover illegally occupied properties, comes into effect this Tuesday. Thus, the new legislation introduces a set of changes to the Penal Code and the Code of Criminal Procedure with the aim of strengthening the criminal protection of properties targeted by illegal occupation. "The measure arises in a context of growing concern about invasions and misuse of public and private properties, seeking to ensure a faster and more effective response from the authorities," according to the legislation, published in the Official Gazette of the Union this Monday and reported by ECO.

The decree revises Article 215 of the Penal Code, increasing penalties and expanding the situations that can be considered crimes. It will now be punishable by imprisonment for up to two years, or a fine of up to 240 days, for "anyone who invades or occupies another person's property with the intention of exercising rights not recognized by law, judicial decision, or administrative act." The penalty is increased to three years when violence, serious threats, or when the property is intended for the owner's permanent residence are involved.

In cases where illegal occupation is practiced professionally or for profit, the law establishes prison sentences of between one and four years. The decree also provides for punishment for anyone who, resorting to violence or serious threats, diverts or dams water with the intention of obtaining illegitimate benefit.

The law also includes mechanisms that seek to expedite the return of properties to their owners. The new § 8 of article 200 of the Code of Criminal Procedure allows the judge to order the accused to immediately return the property whenever there is strong evidence of the crime and the complainant's ownership of the property.

The law also includes a specific provision for properties in the public housing stock. In these cases, the competent authority must assess the socioeconomic conditions of the occupants and activate, when appropriate, social or housing support mechanisms provided for in the legislation. Filing a complaint may be waived if the property is voluntarily vacated.

With these changes, the Government and Parliament "seek to respond to the concerns of owners and local authorities, reinforcing the legal protection of property and introducing procedural mechanisms aimed at reducing protracted litigation and accelerating the restoration of legality."