The Chamber approved this Tuesday, 22, the Proposed Amendment to the Constitution PEC 39/2011, which transfers free of charge from the Union to states and municipalities the ownership of marine land occupied by the public service of these governments. There were 377 votes in favor and 93 against in the first round. In the second round there were 389 yes against 91 no. The text goes to the Senate.
The so-called navy lands are areas that are 33 meters from the midline of high tides identified in 1831. Since then, they have been considered as Union property.
The approved text refers to the substitute presented by deputy Alceu Moreira (MDB-RS). The proposal determines that only unoccupied areas will remain the exclusive property of the Union, such as those covered by federal environmental units and those used by the federal public service, including for the use of concessionaires and permissionaires, such as for port facilities, conservation of historical and cultural heritage. , among others.
Marine lands where state and municipal services are installed under concession or permission will also be transferred free of charge to federative entities.
Earlier the president of the Chamber, deputy Arthur Lira (PP-AL) defended that the PEC will not bring losses to the Union, and that it no longer makes sense to keep the exclusivity of navy lands under his possession. “What was the area of the mean high tide – the starting point for measurements by the Navy – at the time that tide was measured? Unlike what they are saying that the Union will lose, no, the priorities are the Union, the States, the municipalities”, he said.
The PSOL leader in the Chamber, deputy Sâmia Bomfim (RJ), voted against the matter and justified that the change does not benefit all owners of areas considered to be marine land. “This project is clearly to meet the real estate speculation of those who want to increase their rate of profitability to do great business in areas that today are of permanent preservation”. Samia said that areas such as sandbanks and mangroves, which are important for combating climate change, would also be harmed, and said that the proposal is an “attack on peoples and traditional communities”.
Laudemio
The proposal prohibits the collection of forum and laudêmio taxes from the owners of properties in areas considered to be marine lands. Today, the forum fee has a rate of 0.6%, and is charged annually on the value of the building. The laudêmio rate is 5% of the value of the property when it is sold.
In addition, an “occupancy tax” is currently charged, which varies between 2% or 5% of the value of the property, charged to those who have not yet signed a tenancy agreement with the Federal Government – a kind of lease agreement. Despite all these taxes, homeowners also have to pay the Urban Territorial Property Tax (IPTU).
For Arthur Lira, the end of charging the laudêmio fee represents progress, “because it makes no sense for you to keep charging the laudêmio”. “It’s not just the case of Petrópolis, it’s the case of all of Brazil”, he pointed out. Lira classified the tax as “something outside of a subjectivity and an absurd reality”. “The Union will have gained from this and the population will have gained from this”, he said.
However, the PEC does not end with the “prince tax”, charged in Petrópolis, for example, in transactions for the purchase and sale of real estate, where the amount is destined to heirs of the Brazilian imperial family. The controversy over charging the fee returned to the debate after the tragedy that struck the city. Until early this morning, there were 180 deaths and about 80 people were still missing.
The Union will have a period of up to 2 years to adopt the necessary measures for the transfers mentioned in the PEC to be carried out.
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