Who gains from saving nature
Ledger 1 : 33 — For each dollar financing nature-based solutions in 2023, about $33 financed activities harmful to nature. (UNEP)
Cases / Finance, funds and markets · Brazil · 2008–2020

TIAA and Harvard farmland buys in Brazil breached foreign-purchase limits, Incra said

Short record: the main facts, with sources. A full case file has not been prepared.

Nature's voice · report
No measurement of the harm done to me here is on record.
Did nature suffer? Not measured.
Not on record
  • The record does not name which of my species, waters, soils or forests were harmed.
What the record lacks: 1 none on record · 2 insufficient · 1 not measured · 1 unclear See the gaps

US pension fund TIAA and Harvard University bought about 750,000 hectares of Brazilian farmland from 2008, through Brazilian companies and offshore structures. Brazil's land agency Incra said TIAA's post-2010 purchases of over 150,000 hectares broke the foreign-purchase law.

What?
TIAA and Harvard acquired about 750,000 hectares of Brazilian farmland from 2008; Incra said some purchases breached the foreign-purchase law, and a court in Bahia halted the registration of Campo Largo. GRAIN / Rede Social / AATR
Where?
Brazil; the Campo Largo property was the subject of a Bahia court ruling GRAIN / Rede Social / AATR
When?
2008 to 2020 (purchases); 2019 (Incra finding); 6 October 2020 (court ruling) GRAIN / Rede Social / AATR
Who?
Gained
  • TIAA (through Nuveen) — acquired Brazilian farmland from 2008, part of about 750,000 hectares held with Harvard GRAIN / Rede Social / AATR
  • Harvard University — acquired the 107,000-hectare Campo Largo property, whose registration a Bahia court halted in October 2020 GRAIN / Rede Social / AATR
Lost
  • Brazilian limit on foreign land ownership (Law 5,709 of 1971) — Incra said TIAA's post-2010 purchases of over 150,000 hectares breached it GRAIN / Rede Social / AATR
Harmed
None on record
Why?
Not stated in the sources reviewed.
How?
Purchases through Brazilian companies and offshore structures, despite Law 5,709 of 1971 limiting foreign land purchases. GRAIN / Rede Social / AATR
6 of 6 questions answered from the record

What happened

The record, in order.

TIAA, the US teachers' pension fund acting through Nuveen, and Harvard University together bought about 750,000 hectares of Brazilian farmland from 2008 to 2020 (GRAIN, Rede Social and AATR, 2020).

Incra, the federal land agency, wrote in 2019 that TIAA's purchases after 2010 of more than 150,000 hectares breached the foreign-purchase law and that the titles should be cancelled.

A court in Bahia halted the registration of Harvard's 107,000-hectare Campo Largo property on 6 October 2020 (GRAIN, Rede Social and AATR, 2020).

The foreign-purchase limit comes from Law 5,709 of 1971, and the purchases were made through Brazilian companies and offshore structures.

    In court and with insurers

    Every proceeding and every insurer decision on record.

    Lawsuits and rulings

    1. 2020-10-06Outcome not on record
      Campo Largo property registration
      Court in Bahia, Brazil · Civil · Not stated in the sources reviewed → Not stated in the sources reviewed

      Court halted registration of Harvard's 107,000-hectare Campo Largo property; the final outcome is not stated in the sources reviewed. GRAIN / Rede Social / AATR

    Insurers

    No insurer decision on record.

    What we don't know

    Undisclosed, unproven, untried: recorded as data.

    Nature

    • Not measured Harm to nature: The record holds no measurement of harm to nature.

    Court

    • Unclear Campo Largo property registration: outcome not on record.

    Record

    • Insufficient Reported but not verified: bill PL 2963/2019, passed by the Senate in 2020, would repeal the 1971 law, allow foreign purchases of up to 25 percent of a municipality's area, and validate past purchases by foreign-controlled Brazilian companies; it awaits the Chamber of Deputies (Rádio Senado, 16 December 2020).
    • Insufficient Reported but not verified: deforestation of over 125,000 hectares on TIAA and Harvard land by 2019, with Harvard 53,117 hectares and Nuveen (TIAA) 72,753 hectares (Chain Reaction Research, 2019).
    • None on record What the sources do not say: whether the Incra finding led to cancellation of any titles, or the status of the Campo Largo case after October 2020.

    Did the harm stop?

    Not stated in the sources reviewed.

    Who paid?

    Not stated in the sources reviewed.

    Sources

    Voices on record: — Company or project— Government and regulators— Courts✓ Press and investigations✓ Communities and civil society— Researchers

    Press and investigations

    Communities and civil society

    Connected cases

    Related matters, and cases linked to this one through the same organisations, with the role each played in both.

    Science and environment

    Hectare (ha)
    A unit of area equal to 10,000 square metres, about 2.5 acres. 100 hectares make one square kilometre.

    Carbon and conservation finance

    Endowment
    A fund invested to produce long-term income, from which spending is drawn.