Senate resumes discussion of the “PEC das Praias” this week; remember the controversy

The Constitution and Justice Committee (CCJ) of the Senate has scheduled for next Wednesday (4) the proposed amendment to the Constitution known as “PEC das Praias”. The proposal, which had been debated in May, was stopped due to negative repercussions, but now the commission has decided to resume discussion on the topic. The information is from the portal g1.

The PEC establishes a mechanism for the sale of seaside areas that belong to the Union, which raised concerns about the privatization of access to beaches. Although the project does not privatize the beach itself, it opens up loopholes for the sale of land that, in practice, can make public access to coastal areas difficult.

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If approved by the CCJ, the proposal will still need to go through two rounds of voting in the Senate plenary before going to the Chamber of Deputies. To try to alleviate criticism, the proposal’s rapporteur, Flávio Bolsonaro (PL-RJ), included in his latest opinion, presented in July, that beaches are “public assets for common use by the people”, ensuring “free and open access ” to them and to the sea. The new text also prohibits “any form of land use that prevents or hinders the population’s access to beaches”.

However, the government leader in the Senate, Otto Alencar (PSD-BA), stated that he was not informed about the vote by the commission’s president, Davi Alcolumbre (União-AP), and that Planalto opposes the measure. “I’m going to talk to him (Alcolumbre). At first, there is no agreement. The government’s position is against approval”, declared Alencar to the portal g1.

Understand the project

PEC 3/2022 proposes the revocation of item VII of art. 20 of the Federal Constitution, which classifies the so-called “navy lands” as Union assets. The proposal seeks to transfer ownership of these lands to states and municipalities free of charge, allowing private occupants to purchase them. “Navy lands” are areas located within a 33-meter strip along beaches, rivers and lagoons, established in 1831, and are not related to the Brazilian Navy.

If approved, the Union would maintain areas used by federal public services and not occupied, while states and municipalities would receive ownership of land with public constructions. The laudêmio, a fee paid to the Union on the sale of properties in marine areas, would be abolished.

Defenders of the PEC argue that “navy land” creates legal uncertainty, as citizens who have purchased real estate may lose ownership due to slow demarcation processes. On the other hand, environmentalists warn that the PEC could create private beaches and threaten local biodiversity.

Legal experts say that, if ownership of the land is transferred to private individuals, this could result in the closure of beaches, since currently the strip of “marine land” ensures public access.