OS DESAFIOS JURÍDICOS DA IDENTIFICAÇÃO E DEMARCAÇÃO DOS TERRENOS MARGINAIS FEDERAIS

Abstract

The lands marginal to navigable water currents, a strip of 15.00 meters measured horizontally for the part of the land, from the Average Line of Ordinary Floods, when located in the national border strip, are the domain of the Union and, therefore, administrative responsibility of the Secretariat of Union Heritage – SPU. It turns out that Brazilian legislation does not establish what the criteria should be to classify the navigability of a watercourse, which is the requirement to define whether the marginal land belongs to the Union or not. Based on this scenario, the present research aims to answer the following problem: what criteria could be used to classify a river as navigable? The general objective is to analyze the possible criteria for identifying a river as navigable and as specific objectives, raising the legislation on marginal lands and the legislation on water currents. The research is bibliographic and exploratory in nature using the deductive method.