Public works and licence in ports of general interest

Abstract

The purpose of this paper is to analyze, in accordance with the constitutional and Supreme Court decisions, the problems of interpretation of Article 60 of the Consolidated Text of the Law of State Ports and Merchant Marine, which exempts public works of general interest from municipal control through a license. To focus the approach to the problem, will be previously explained the articulation between the Delimitation of Port Spaces and Uses and the Special Management Plan of the port service area, as management instruments legitimizing the implementation of uses and the execution of the corresponding works in the port public domain. The conclusion is that the mentioned legal precept should be reviewed, as well as the interpretation maintained by the Supreme Court.