Why federal government should continue to manage marine lands for the Brazilian people

The public debate over the Constitutional Amendment Bill (PEC) 3/2022, which seeks to amend the Federal Constitution by establishing new guidelines for the ownership and management of marine lands, has intensified in recent weeks. The debate began with a public hearing in the Senate to discuss the bill (PEC 3), in which the Federal Assets Secretariat of the Ministry of Management and Innovation in Public Services took a stand against the proposal.

Read the main points below to understand what is being discussed and the importance of the Federal Government remaining in charge of these areas, ensuring their fair and sustainable use for the benefit of the population.

What is the definition of marine lands?

Marine lands are federal property, which belongs to the Brazilian people. They are administered by the Federal Government, through the Secretariat of Federal Property, an agency subordinated to the Ministry of Management and Innovation in Public Services (MGI). The demarcation and administration of these lands by the Federal Government is fundamental to ensure environmental protection, legal certainty and proper management of Federal Government property.

Marine lands are strips of land along the coast and some areas near rivers and lakes. This 33-meter-wide strip connects the sea to the mainland or the interior of coastal islands, where municipal headquarters are located. In addition to the areas along the coast, the banks of rivers and lakes influenced by the tides are also demarcated. The reference for this demarcation is not the configuration of the sea as it is on any given day, but the Mean High Tide Mark (LPM), which takes into account the maximum tides of the year 1831, as determined by Decree-Law No. 9,760 of 1946. Find out more.

Why should the Federal Government manage these areas? 

The Federal Government's control over the seacoast is strategic to ensuring the country's economic, social, and environmental development goals. The coastal strip is home to high-value ecosystems (mangrove areas, sand flats, and tidal flats, for example), critical for risk mitigation and adaptation to climate change. Furthermore, traditional peoples and communities in these areas rely on those ecosystem for a living.

Activities such as public and private ports, wind farms, oil and gas industries, industrial and artisanal fisheries, critical and strategic infrastructures (internet cabling, for example), real estate developments and tourism complexes are also developed in these areas. The Federal Government's management of marine land is thus essential for national sovereignty, since this domain is what guarantees the strategic protection of this set of areas, essential for defense and economic development in Brazil.

Why is the Federal Government against PEC 3?

Opposition to PEC 3 stems from the fact that its approval would repeal a section of the Constitution determining that the Federal Government is the owner all marine lands. The bill would permit the transfer of these areas to states, municipalities, and private individuals (depending on their prior use and occupation). This measure would directly impact the way coastal areas are protected and used by the public. Approval of PEC 3 in its current form would expose the Union to a number of risks, including real estate speculation, uncontrolled environmental impacts, revenue loss, and legal uncertainty. There would also be negative consequences for local communities.

Furthermore, the proposal may hinder public access to the beaches by favoring real estate speculation and the interests of various coastal developments that could expand into these areas. Fishing communities might also be affected, as they depend on these access points for production and subsistence. Additionally, the proposal could have adverse effects on local ecosystems.

Another disadvantage of PEC 3 is that it eliminates the concept of the security strip and permits the transfer of full ownership in these areas, which are crucial to the National Coastal Management Plan. This change would promote disorderly occupation, threaten Brazilian ecosystems and make these regions more vulnerable to extreme weather events.

Approving this PEC could accelerate the construction of properties on riverbanks and beaches, which are already popular for construction and tourism. This would facilitate unequal negotiations between large corporations and traditional communities, exacerbating land conflicts. Additionally, the transfer of unregistered occupations to the Union would lead to legal uncertainty and property disputes.

Management of marine lands is critical for risk prevention, environmental balance, and climate change mitigation. The proposed PEC, which removes these areas from Federal Government management, would be in disagreement with the common practice of several countries that protect these regions, limit their use, and exercise their sovereignty over those lands.