The controversial Proposed Amendment to the Constitution (PEC) 3/2022, known as PEC das Praias, returned to the agenda of the Senate’s Constitution and Justice Committee (CCJ), this Wednesday (4). A request for review made by parliamentarians opposed to the PEC postponed the vote on the matter. 
The proposal transfers ownership of so-called marine land, an area of the Brazilian coast currently under the control of the Union, to states, municipalities and private owners.
Critics allege that the PEC could privatize Brazilian beaches, limiting access to the sand strip, in addition to weakening the environmental protection of these areas by transferring their ownership to private individuals or states and municipalities.
On the other hand, defenders claim that the measure only seeks to reduce the fees paid to the Union by those who occupy these areas, in addition to regularizing land acquired in “good faith” by private individuals and giving greater power to states and municipalities to regularize the use of these areas. spaces.
The project’s rapporteur, senator Flávio Bolsonaro (PL-RJ), argued that the text was modified to accommodate those who argue that the PEC privatizes Brazilian beaches.
“The way the beaches are today, their legal regime, their treatment under the Constitution and legislation will not change”, he argued.
To placate criticism, the rapporteur included an article that states that:
“Beaches are public assets for the common use of the people, with free and open access to them and to the sea being guaranteed at all times, in any direction and direction, with the exception of stretches considered to be of national security interest or included in areas protected by specific legislation. , any form of land use that prevents or hinders the population’s access to the beaches is not permitted, in accordance with the master plan of the respective municipalities”.
Senator Rogério Carvalho (PT-SE), in turn, argued that the Constitution today does not establish any requirement for people to have access to the beach and that, in the PEC, the rapporteur conditions this access to the municipalities’ Master Plan, “which It may or may not be free access. Therefore, he makes his bill worse.”
Carvalho also criticizes the exemption from the laudêmio tax, which is the tax paid when properties are sold and purchased in areas that belong to the Union, in the case of businesspeople who have extensive areas on the Brazilian coast.
“The rich who have the most marine land and carry out real estate speculation are free from paying the laudêmio. For those who have a property and live in coastal cities, we are in favor of being exempt and receiving this property. Now, the business sector that has thousands of square meters on the seafront, does not [deve ser isento]”, he highlighted.
Marine lands are those located within 33 meters from the mean high tide line demarcated in 1831, the year in which the forums and laudêmios began to be included in the Budget.
Preservation of beaches
To alleviate environmental concerns regarding the project, the rapporteur proposed the creation of a fund with money from costly transfers still foreseen in cases of transfer of ownership of these lands. These funds would be “destined to a national fund for investments in drinking water distribution and basic sanitation services in beach, sea or river regions in the national territory”.
For senator Rogério Carvalho, the environmental concern regarding the PEC remains.
“Without considering the moment we are living in from a climatic point of view, expanding the possibility of occupying coastal areas without any type of study. Brazil has eight thousand kilometers of coastal area. The Ministry of Management and Innovation is carrying out a study to be able to present and give consistency to any responsible definition on this topic and not to meet specific interests”, stated the senator.
