Decision requires new mapping by IBGE and transition plan for city halls; results in an annual IPTU loss estimated at R$5 million to the capital of Sergipe
The (Federal Justice of Sergipe) ordered the municipality of Aracaju to return 20.78 km² (11.4% of its territory) to the neighboring city, São Cristóvão. Ice cream a (PDF – 264 KB).
The determination was made on August 21 of this year, in response to the request of the municipality of São Cristóvão so that the parameter in the 2010 Census of the IBGE (Brazilian Institute of Geography and Statistics) counts the population using the limits imposed by Law 554, of 6 February 1954.
Signed by judge Pedro Esperanza Sudário of the 3rd Federal Court, the document determines that a new map be drawn up by IBGE and that city halls create a transition plan for areas between municipalities.
“For all of the above, I consider the author’s claim to be valid to order IBGE to correct the maps and statistics relating to the Municipalities of São Cristóvão and Aracaju, in the State of Sergipe, observing the limits established in previous state legislation (Annex II of the Law nº 554, of February 6, 1954) to the Constitution of the State of Sergipe of 1989 and Constitutional Amendment nº 16/99, and, consequently, relocating the population of the area now in dispute to the Municipality of São Cristóvão, all within 30 days”these Shroud.
The area involved includes residences, commercial establishments, schools, health centers and leisure areas, with emphasis on the Mosqueiro and Viral beaches.
The transfer of the area to São Cristóvão involves 6,727 properties, 14 schools with 6,405 students, 3 health posts serving 32,837 patients, in addition to 3,334 public lighting points and 31 km of paved roads. The change will also result in an annual IPTU loss estimated at R$5,219,180.02 for Aracaju.
The decision is to comply with the 2012 determination sentence against the Public Treasury in a process that exhausted the resources and became final.
The determination was based on the limits of Law 554 of 1954 as it considered changes to the 1989 state Constitution and a 1999 Constitutional Amendment illegal. The delimitations were considered null by the TJ-SE and the STF (Supreme Federal Court).
These limits were changed first by the Constitution of Sergipe, of 1989, and then by Constitutional Amendment 16, of June 30, 1999, which included new areas.
