PrincÃpios da legalidade e transparÃncia administrativa nos processos demarcatÃrios de terrenos de marinha : uma contextualizaÃÃo histÃricosocial ante o atual estÃgio da democracia brasileira

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

The origin of marine marginal land back to the first half of the seventeenth century. However, were legally established in Brazil by the Portuguese crown-colony at the beginning of the nineteenth century. The unknown in the world, had its justification based on defense of territory, the need to provide for the free trade area, construction of ports, loading and unloading of goods and as a source of revenue. This study is a survey of the historic-legal and social implications of formal occupation of the Brazil territory â Colony with a focus on the reasons behind the creation, deployment and legal discipline of the marine marginal land, including its integration, the first time in history, in text of the Constitution of the Republic in 1988. It examines the administrative procedures used by Secretaria do PatrimÃnio da UniÃo â SPU to demarcate and update register the marine marginal land, while they search contextualise current democratic regime in Brazil. In contrast, addresses the mechanisms of social pressure used to halt new demarcations, questioning the criteria for adjusting the occupancy rates, charges of foro and laudÃmio; the performance of the local press in this context and the creation of entities with the purpose of combating the permanence of the marine marginal land under Brazilian law. Similarly, aims to identify the role of the Legislative and Judicial Powers forward to this juncture. From these analysis, it is concluded that: a) the reasons for the creation, implementation and settlement of the marine marginal land, in our constitutional and administrative law, no longer exist, b) that the administrative procedures used by the SPU to demarcate and update register the marine marginal land, violate the principles of legality and administrative transparency, inconsistency in the current democratic regime in Brazil. These findings provided recommend: a) that the deleted item VII of art. 20 of the ConstituiÃÃo da RepÃblica Federativa do Brasil of 1988 and  3 of art. 49 of Act the DisposiÃÃes Constitucionais TransitÃrias â ADCT, which is equivalent to the extinction of marine marginal land and its increments, b) that is approved the Proposta de Emenda Constitucional-PEC n. 53/2007, in process in the Senate

ASSUNTO(S)

criteria of demarcation critÃrios de demarcaÃÃo terrenos de marinha principle of legality and the large defense democracy marine marginal land administracao publica princÃpios da legalidade e da ampla defesa democracia

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