The analysis of the PEC das Praias was stopped at the Senate’s Constitution and Justice Committee (CCJ) — more time for analysis — on Wednesday (4).
The Proposed Amendment to the Constitution (PEC) concerns land in marine areas, owned by the Union.
See what happens after the view request:
Who made the view request?
Senators Rogério Carvalho (PT-SE), Eliziane Gama (PSD-MA), Fabiano Contarato (PT-ES), Zenaide Maia (PSD-RN) and Alessandro Vieira (MDB-SE) made the request for review, which paralyzes the analysis of the topic.
When will the text be appreciated again?
The time to return the request for a visa is five calendar days.
However, the project will not automatically return to the CCJ voting agenda.
The decision is made by the president of the commission, senator Davi Alcolumbre (União-AP). There is no new date set yet.
When will the project be voted on in plenary?
The PEC will go to the Senate plenary only if it is approved by the CCJ.
What are marine area lands?
According to legislation, marine area lands are those located on the strip of land that begins 33 meters after the mean high tide line (as far as the sea advances) demarcated in 1831, the year in which forums and laudêmios — fee charged when land belonging to the Union is purchased — they began to be included in the Budget.
Land can be granted for occupation by individuals on a lifetime or temporary basis, upon payment of fees that vary depending on the concession and are called forum or occupation tax.
How many occupied marine areas are there in the country?
According to the Ministry of Management, there are currently 565 thousand marine plots of land used by third parties in the country.
What happens if the PEC is approved?
If the proposal is approved, the Union will transfer all marine land.
The exception is areas used for federal public service, such as those with ports, environmental units and those that are not occupied.
How long would the transfers take?
An amendment by the case’s rapporteur at the CCJ, senator Flávio Bolsonaro (PL-RJ), extended the deadline set out in the original project for the government to make the transfers from two years to five years.
What are the arguments in defense of the project?
For Flávio Bolsonaro, marine land is a source of legal uncertainty regarding the ownership of buildings, especially because many lands were acquired by people who did not know that the properties belonged to the Union, which charges taxes on the sites.
Would access to the beaches remain free?
According to the rapporteur, yes.
Flávio Bolsonaro says that the project has a part reinforcing that beaches are public assets for common use by the people, so that access to the sea through them remains free, except when there are restrictions for reasons of national security or if a certain section is included in an area protected by specific legislation.
Therefore, the new people responsible for the areas will not be allowed to prevent or hinder the population’s access to the beaches.
What are the arguments against the project?
Senator Rogério Carvalho says that the text is made worse by the provision mentioned by the rapporteur in relation to access to beaches.
In Carvalho’s opinion, this would leave it up to the municipalities to draw up master plans, which would provide access to the beach or not.
“[O projeto] The master plan conditions what can or cannot be freely accessible. Therefore, he makes his bill worse. Secondly, the rich, who have the most marine land, saving and carrying out real estate speculation, are free from paying the assessment and are free from compensating the Union”, cited the senator.
“Because those who have a property, those who live in coastal cities and who have the property, we are in favor of them being exempt and receiving this property. Now the business sector has thousands of square meters on the seafront, not to mention the moment we are experiencing a climate crisis, expanding the possibility of occupying coastal areas without any type of study”, he continued.
What does the MPF say?
The 4th Coordination and Review Chamber of the Federal Public Ministry (MPF), which brings together deputy attorneys general in the environmental area, .
The text says that the PEC can bring “serious environmental impacts”, in addition to encouraging the use of beaches “in a private and exclusionary way”.
Sources close to the Attorney General of the Republic, Paulo Gonet, assess that the note is an indication of judicialization by the PGR, if the “PEC das Praias” advances.
The deputy attorneys argue that the proposal could favor real estate speculation to the detriment of local communities, reducing environmental quality and health indicators.
