A dominialidade dos leitos e margens no novo quadro legal do domínio público hídrico | 2016

Author(s) Rodrigo Petronilho Volz Jácome Correia
Advisor(s) António Cândido Oliveira
Year 2016

Synopsis Of the best interest to any state, but especially to a state like Portugal, which possesses an extensive coast line and vast riverine resources, is to know where it begins and where it ends the domain of its own hydric resources. To public hydric domain belong not only categories of water (maritime, riverine, lacustrine and others), but also land connected to those waters, namely their beds and margins. The dominion of the beds and margins is, precisely, a central issue in the public hydric domain problematic. Indeed, despite it exists, since 1864, a juris tantum presumption of public dominion of the those lands, the law allows the judicial recognition of the private property of plots of the public hydric domain lands, by the evidence of stringent requirements. This means that, since 1864, subsists a situation of juridical insecurity, as it persists the possibility of, at any moment, being claimed private rights over public beds and margins. Therefore, on this dissertation will be sought admnistrative law solutions that allow to settle the confrontation between the public interest – protected by the legal institute of the public hydric domain– and the legal and constitutional guarantees of the private individuals. Furthermore the role of the Public Administration on the coastline governance will be parsed, given the phenomenon of coastal erosion.

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2018-02-07T11:08:09+00:00