A Bill That Eliminates Navy Lands Is Being Discussed In The Brazilian Congress

Bill for Constitutional Amendment (PEC) No. 39/2011 is being discussed at the Brazilian House of Representatives. Such bill revokes item VII of art. 20 of the Constitution and § 3 of art. 49 of the Act of Temporary Constitutional Provisions, to eliminate the figure of navy lands and their additions and to provide for the ownership of such real estate properties. PECs No. 16/2015, 27/2015 and 30/2015 were attached to this bill.

As provided for on Decree-law n°. 9.760, of September 5, 1946, navy lands are Federal Government assets measured from the line of high water up to 33 meters to the mainland or inward the coastal islands situated in the municipality.

For the congressman who authored the bill, the figure of navy lands was created over one hundred fifty years ago, when such resource was necessary to defend the Brazilian coast. Today, such resource is no longer necessary, therefore there is no acceptable justification for keeping it.

Maintaining navy lands has been causing a series of losses to citizens and the municipalities. The main damage to the citizen is the excessive taxation, having in view that on such lands, emphyteutic rent, occupancy fee and property taxes (IPTU) are levied. For the municipalities, such figure entails, in the majority of cases, in restrictions on public policies of urban property development and planning.

According to the approved bill, the following areas would continue to be under the Federal Government's legal title: those where the Federal Government has facilities; those...