The TJSC (Santa Catarina Court) has denied a resident’s request for illegal property in a conservation area in Naufragados, south of Florianopolis. The decision orders the immediate demolition of the house. Measure TJSC accepts a request from the State Department of Santa Catarina.

Justice denies tenant’s appeal and orders house to be demolished – Photo: Reproduction / NDTV

The exact date of the demolition has not been announced. According to Floram (Municipal Environmental Fund), one of the municipal departments responsible for the demolition, no official request has yet been received. However, as soon as it arrives, it will be reviewed on pain of managers’ liability.

Demolition is carried out in accordance with judicial and ministerial orders issued by certain authorities. Among them are the Florianopolis City Hall, the IMA (Santa Catarina Environment Institute), the Environmental Military Police and the Military Police. The coordination of joint actions is carried out by the public ministry of Santa Catarina.

illegal property

The property is considered illegal because it was built without any permit (building permit, environmental permit, etc.) in a sandbar area that is considered permanent preservation by law and where building construction is prohibited.

According to TZAO, the occupant of the house has always refused to accept court decisions for eviction, land acquisition and demolition. Therefore, he filed requests for precautionary measures and appeals, arguing that a public civil action would be invalid because the jurisdiction to hear the case would belong to the Federal Court, not the state court.

The Court maintains that the issue of competence to hear the case was closed in the process. Thus, for the public ministry, the occupier was trying to “postpone/postpone” the demolition decision.

The last attempt by a resident of the house to avoid the demolition of the house was already unanimously rejected by the 3rd chamber of public law of the court of Santa Catarina in May of this year.