TERRENOS DE MARINHA - Senate Commission recommended the approval of a Proposed Constitutional Amendment that brings profound changes in the institute of ?Terrenos de marinha?.


The Committee of Constitution and Justice of the Senate approved in its session held 21.mai.2014 , the Substitute n . 1 , to the Proposed Constitutional Amendment 53/2007 ( PEC 53/2007), which determines the transference of the terrenos de marinha’s property to its regular occupiers, without any payment (see http://migre.me/joqKj only in portuguese unfortunately).

It is important to understand that this preliminary approval of the Senate’s Comitee of Constitution and Justice is just the first step in the procedures. There is still a long road ahead, until the proposition is put in force. According to the Brazilian Constitution, a proposition to change any of its articles must be approved by the Senate and the House of Representatives, by 3/5 of its members, in two rounds of voting.

It is just the first step but, for sure, a very important first step to allow Brazil to get rid of this institute because (a) of this obvious anachronism, whose origins date back to the fourteenth century and currently survives only in Brazil; (b) of the fact that, to this day, the “terrenos de marinha” have not been fully identified and demarcated, creating legal uncertainty and unexpected financial burden for a significant portion of its occupants; (c) the profitability of tiny maintenance of the institute, whose revenues represents about 0.01% (one-hundredth percent) of the tax revenue of the Country; (d) the enormous difficulties the current legislation imposes to the occupants that are likely to acquire full control of these lands.