Aspectos do regime jurídico dos terrenos de marinha

Abstract

This works aims to present the historical evolution of the legal aspects related to the Marine Lands, as well as the current law (constitutional and ordinary) on the issue and its effects on society, especially that portion that resides in urban areas of the coastline and in coastal areas, where beach resorts to the sea. It will treat the legal nature of land and marine collections that focus on this, which has generated much discussion at the practice adopted by the Union in the management of the institute. The demarcation of the institute by the Registry of the Union’s Patrimony (SPU, in portuguese), showing the method prescribed by law and what is actually applied by the court, in view of the absence of scientific criteria and the advancement of the sea, exposing some the various defects in the process of demarcation of these in order to stimulate reflection about the real importance of these areas. It is intended to expose the usurpation of the rights of full field, which occurs in cases of property owners, duly registered in the Registry of Property, which ultimately receive notifications of SPU stating that their homes did belong to the Federal Government and that thereafter, should pay taxes. In other words, from owners to mere occupiers without compensation, leaving only a claim to such property useful, while the rights of full field will belong to the Union. The inhabitants of the land plus marine and must pay fees for an indefinite period. Fearing inclusion in the register of bad debtors, law-abiding citizens, either by ignoring ways to rescue the words for ignoring the depth of the defects mentioned in the demarcation process, end up paying taxes to the Union or, commonly, just having the right domain useful canceled compulsorily, if failing to pay those fees for three (3) years, successive or four (4) staggered. Therefore, the aim is to present ways in order to devise effective and equitable solutions to the issue in view of the limited available literature on the subject.