Judicial decision also determines the establishment of procedures for demolition of works in an irregular situation

The Municipality of Florianópolis is prevented from granting new construction permits on the restinga restinga and on the Canasvieiras beach strip. In addition, you must institute an administrative procedure or file a lawsuit to vacate and demolish the undocumented and unauthorized works, as well as the properties that advance on the beach sand. It is what appears in the decision of the Federal Regional Court of the 4th Region (TRF4) which became final (no more appeals), in an appeal by the Municipality against a sentence given in a public civil action of the Federal Public Ministry (MPF).

In 2013, the Attorney of the Republic Analúcia Hartmann filed the lawsuit, demanding the condemnation of the Municipality of Florianópolis and the Municipal Environment Foundation (Floram) to combat irregular constructions in a permanent preservation area (restinga) and on the beach strip of Canasvieiras, in all its extension, through inspection action or by filing specific actions against each one of those responsible. In addition, the MPF required the ostensible signage of all preservation areas (sandbank, dunes, mouth and margins of the Rivers of Braz and Pimentel, and remnants of mangroves or marshes), the constant and effective inspection of these areas, and the environmental recovery of the sandbank and beach environment degraded by irregular occupation.

Also included in the MPF’s requests was the condemnation of the Federal Government for not registering or transferring registrations for the occupation of navy land located at Praia de Canasvieiras, without having previously carried out an environmental survey and characterization of the place. The MPF also wanted to cancel the registration of marine land registrations on protected areas.

The Federal Court in Florianópolis partially upheld the requests and the Municipality and Floram filed an appeal against the sentence. In the decision of the TRF4, in addition to the prohibition of new permits and the action to demolish irregular works, the judges maintained the need to recover the areas to be vacated in the future and determined that any remaining sandbank and the beach strip must have ostentatious signs. about being a permanent preservation area, building is prohibited.

Appeal No. 5020963-69.2013.4.04.7200

Social Communication Advisory
Federal Public Ministry in SC
Service to the public:  (48) 2107-6100  and 2107-2410
Press service:  (48) 2107-2466 , 2107-2480 and 2107-2474
E-mail:  prsc-ascom @ mpf .mp.br
www.mpf.mp.br/sc
Twitter: @MPF_SC