Chamber approves PEC that can privatize Union areas on the coast and generate legal dispute

The Chamber of Deputies approved in two rounds this Tuesday (22) a PEC (proposed amendment to the Constitution) that transfers marine land in urban areas of the Union to states and municipalities or to private owners, in a text criticized by members of the government. by the risk of privatizing the Brazilian coast and opening breaches for land grabbing.

The content of the PEC is also attacked by environmentalists, who see a threat to local biodiversity. The class understands that the text leaves room for the creation of private beaches.

The text was approved in the first round by 377 votes to 93 — it needed at least 308 votes. In the second round, it received 389 votes in favor and 91 against. Now, the text goes to the Senate, where it will need at least 49 votes, also in two rounds.

The government is already articulating a pilgrimage in the Senate in an attempt to stop the progress of the proposal, described by technicians as absurd.

The vote was surrounded by controversy, with the opposition arguing that the land covered by the proposal was for the protection of biodiversity, and comes at a time when the Chamber is articulated to vote on the release of gambling. Liberation advocates hope to boost this activity, especially in casinos or resorts.

The PEC maintains areas used by the federal public service, federal environmental units and unoccupied land under the Union’s domain. However, it authorizes the transfer of areas used by state and municipal public services to states and municipalities.

Owners and occupants of properties registered with the Union’s heritage management body or not registered, but who have occupied the place at least five years before the publication of the constitutional amendment, are also covered by the text.

States such as Santa Catarina, Maranhão and Pernambuco, as well as others located on the coast, were interested in the approval of the text, seen as an opportunity to resolve judicial conflicts.

The PEC provides that the Union will transfer these areas for consideration, that is, their occupants will be obliged to buy the land. The measure is considered high risk for several reasons.

Firstly, the text gives a period of up to two years for the purchase to be completed by the occupants, with the exception of areas occupied with a social function –fishing villages, quilombola communities, for example–, states, municipalities and concessionaires, in cases in which that the transfer would be free.

In addition to imposing costs on the private occupants of the areas, the PEC does not provide any forecast in case the payment is not made, which can generate legal uncertainty.

There are those who see the risk of the Union losing revenue, as the current occupants may claim that the government missed the deadline for charging. In this case, the technicians claim that it would be the “biggest transfer of income in history”, since the value of the areas involved could reach R$ 1 trillion. Beneficiaries tend to be high-income people who occupy land by the sea.

Second, the technicians warn that, by allowing the cession of areas to occupants not registered in the Union registry, the PEC opens a gap for the practice of land grabbing – when there is irregular occupation of public lands through the use of false deeds. The risk is that large amounts of deeds will appear claiming rights to land currently owned by the Union.

According to government sources, the proposal contradicts several ministries. The Infrastructure portfolio, for example, pointed out a series of risks for the port sector, which may be forced to buy the areas it occupies today, with costs that could compromise its cash flow.

The Vale mining terminal at the Port of Tubarão, for example, is installed on more than 1 million square meters of marine land. The Arcelor Mittal terminal, next to Vale’s, has 890,000 square meters of marine land.

Under the PEC, companies would have to pay billions of dollars to the Union to execute the forced purchase, which could jeopardize the companies’ cash flow, or even generate a dispute for expropriation in the event of non-payment.

In addition, the Union runs the risk of losing port areas to states and municipalities after the end of the service delegation contracts to an operator.

The PEC also prohibits the collection of a forum and occupancy fee for the areas, as well as the laudemium –5% of the property– on domain transfers.

Before the vote, the president of the Chamber, Arthur Lira (PP-AL), had described the end of the charge as an advance. “Because it doesn’t make sense for you to remain with laudêmio charges. And it’s not just the case of Petrópolis. It’s all over Brazil,” he said.

“Out of reality, with an absurd subjectivity. So, the Union will gain from this and the population will too. Debureaucratization helps in the aspect of approval of this PEC.”

For deputy Rodrigo Agostinho (PSB-SP), the text opens up gaps for the privatization of beaches. “The coastal areas (beaches, sandbanks, mangroves, islands,…) and some areas in navigable rivers are considered land for the Navy, that is, for the Union. In many cities these areas were occupied and the government collects taxes”, he said.

“The problem is that many of these areas are very sensitive environmentally. They are areas subject to flooding or that have biodiversity. Now, for example, a beach could be private, something that does not exist in Brazil.”