Constitutional Amendment Proposal 03/2022 and the construction of a tourist complex in Florianópolis-SC: a discussion on the appropriation of coastal public domains

Abstract

This article aims to examine the implications of Constitutional Amendment Proposal 03/2022 – which calls for the elimination of sea-land limits (terrenos de marinha) in Brazil – by analyzing a case study of Daniela Beach, in Florianópolis, one of the state capitals in southern Brazil. During the mid-twentieth century, the locality underwent a rapid transition from a rural setting to a tourist development. This transformation occurred through land grants of public areas amid legal uncertainty concerning land ownership in Daniela, involving the legal frameworks of sea-land limits and vacant lands (terras devolutas). In recent years, new land surveying of sea-land limits has sparked ongoing property disputes in the city. The article concludes that, in the case of Daniela Beach, real estate and tourism sector interests most often prevailed to the detriment of environmental preservation. Furthermore, the analyzed case can serve as a warning about the environmental, social, and economic impacts that PEC 03/2022 represents.