Justiça do Maranhão decide que município de São Luís deve regularizar a ocupação da Península do Ipase
A decision by the Maranhão judiciary, through the Diffuse and Collective Interests Court of São Luís, ruled on a repossession action brought by the Municipality of São Luís against the occupation of 25 blocks of apartments at the Ipase Peninsula Housing Project. The decision favored the families occupying the area.
The request granted was made by the Institute for the Defense of Rights for Dignified, Communitarian, and Social Housing, with the support of the Public Defender’s Office. The request aimed at the land regularization of the area in question for over 240 people who have been living in the blocks since 2016.
If it is not possible for the occupants to remain in the area, the Municipality of São Luís must complete, within three years, the renovations and works on the buildings, as well as carry out the urban land regularization process where the community is settled, according to the law.
According to the court decision, the area must be vacated to ensure the safety of the residents until all necessary works are completed. The families should be included in social rental programs until they are registered and assisted in social housing programs.
If families are unable to remain in the area, the Municipality must offer decent housing with basic infrastructure, either by building new units or by including the relocated families in social housing programs.
Information from the process reveals that the occupation began when people from the Ipase Peninsula allegedly invaded the unfinished housing project called Conjunto Rio Anil, located in the Bequimão neighborhood.
The project was developed in partnership with Caixa Econômica Federal through the Federal Program “Habitar Brasil/BID”, with the initial goal of building 448 apartments to benefit over 600 low-income families in the region.
However, due to interruptions caused by the companies contracted for the project, the constructions were not completed, and the unfinished structures were illegally occupied by several families.
The Civil Defense and a group of engineering studies from UFMA conducted a survey of the area and concluded that the buildings needed to be vacated for a proper risk assessment. The analysis indicated that it was not possible to make an accurate diagnosis of the structural safety of the investigated constructions.
RIGHT TO HOUSING
In analyzing the case, Judge Douglas Martins emphasized that, although the building belongs to the Municipality, it is an abandoned property that does not fulfill its social function. He highlighted the non-execution and interruptions of the works since 2016, demonstrating the consolidation of the Ipase Peninsula.
According to the judge, even if the repossession request were accepted, this would not exempt the Municipality from the responsibility to promote urban policies and regularize illegal land subdivisions.
“Therefore, I understand that if there is technical and financial viability to maintain and renovate the structure built by the Municipality of São Luís, priority should be given to the occupation by those currently inhabiting the area and meeting the requirements for social housing,” decided Judge Douglas Martins.
