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Plenary closes trial of lawsuit questioning ownership of area in SP

03/12/2020

The Plenary of the Brazilian Federal Supreme Court (STF) recognized, in this Thursday's session (12), the validity of the Real Estate domain titles issued by the State of São Paulo in the municipality of Iperó (SP). The unanimous decision occurred in the Original Civil Action (ACO) 158, in which the Federal Government states that the area would be its domain and that the Real Estate could only be sold with its authorization.

Screens

The action is the oldest in progress at the STF. At the request of the rapporteur, Justice Rosa Weber, for the first time, large screens and monitors were installed in the plenary so that justices and representatives of the parties could examine maps with the area in dispute, neighboring the former Ipanema Farm.

Campos Realengos

According to the Union, the contested area was part of the so-called Campos Realengos, land acquired at the time of the Empire for the extraction of wood for the furnaces of the Real Fábrica de Ferro de São João de Ipanema, belonging to the Crown.

In her vote, the justice observed that, since the Constitution of 1891, the vacant lands, with the exception of those indispensable for environmental preservation and for the defense of borders, military constructions and federal communication routes, belong to the states. However, the Union did not demonstrate that it had possession of the contested area.

According to the rapporteur, although the Union proved the acquisition of the Campos Realengos in 1872, at no time were these areas properly identified or demarcated.

Legal certainty

The justice considered that, due to an absolute lack of evidence, since the decision recognizing the State of São Paulo's land dominance is from 1961, it is not possible to recognize the Union's ownership of the area. She also highlighted the need to preserve legal security, since the area today is occupied by a district of the municipality of Iperó, with approximately 4 thousand inhabitants. "There are people behind the pages of these proceedings', the rapporteur concluded. The ACO was filed in 1968.

Read the entire vote of Justice Rosa Weber.

PR/CR//CF - CG/FB/GL

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