A ocupação de praias por empreendimentos do setor hoteleiro sob a égide do direito brasileiro: estudo de caso da Península da Ponta d’Areia – São Luís, MA

Abstract

It is well known that public spaces, although they belong to a federated entity, must be opened for free enjoyment by all, indiscriminately. It is observed that, in agreement with most of the national beaches, great part of the Peninsula of Ponta d'Areia Beach confers restriction of access to the public. In seeking to promote due to the fact analysis, three factors were fundamental: 1) Define what is the hotel sector and how it appropriates the beach; 2) What Brazilian law prescribes as due in the beach areas, as well as its nearby areas; 3) How to establish and justify the occupation of the hotel sector in the Ponta d'Areia Peninsula. To help understand the analysis, the legal instruments used are the Federal Constitution, Civil Code; Statute of the Cities, Master Plan of São Luís and the Zoning Law; the methodological tools are based on a qualitative and empirical documentary method. It was found that the peninsula has undertakings located in the beach areas, and that these occupations, besides being irregular, do not have an area of servitude, that is, they do not have the minimum of facilitating access to the general public, according to the established in law , but basically care about the structure to their customers. In this way, the object of study, even though it is a property of common use of the people, with a focus on the Peninsula of Ponta d'Areia, is for the most part not open to the community, but to the clients of hotel developments.