ORGANIZED PORT AREAS IN BRAZIL

Jurisdictional conflit

Abstract

The article aims to address the existing jurisdictional conflict within the scope of the port-city relationship, resulting from interpretations of the constitutional attributions of municipalities to legislate on the use and occupation of their territory, and of the Union, regarding the definition of polygons of organized ports. Therefore, the article is divided into 3 chapters. Chapter 1 discusses the constitutional attributions of the Union and municipalities, and aspects of the City Statute. In Chapter 2, the port-city relationship is addressed, confronting municipal urban legislation with the regulatory framework of the national port system. Chapter 3 deals with the issue of defining the polygons of organized ports, with emphasis on the Port of Santos, and its impact on the prerogative of the municipality to legislate over its territory. In this chapter, the thesis is presented that the areas of organized ports, once the polygonal ones are defined, are considered federal territories, which would constitute unconstitutionality. The final considerations conclude that, aiming to avoid conflicts in the port-city relationship, it is essential that urban-port planning be carried out jointly, which will also help to avoid negative externalities and deleterious lawsuits.