Aracaju must return an area of ​​20 km² to the neighboring city after court decision

by Andrea
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The city of , capital of , will have to return approximately 20.78 km² of its territory to the neighboring city of São Cristóvão. The decision, handed down by the Federal Court of Sergipe, determines that the area was “taken” illegally after changes in the territorial limits established by the 1989 state Constitution and a 1999 Constitutional Amendment. The measure affects around 30 thousand inhabitants of the area in dispute, which includes luxury condominiums and parts of Aracaju’s tourist coast. The information comes from columnist Carlos Madeiro, from UOL.

According to the portal, judge Pedro Esperanza Sudário, from the 3rd Federal Court of Sergipe, ordered that a new map be prepared by IBGE, together with a transition plan for the affected areas. The decision is an outcome of a legal action initiated in 2010 by the city of São Cristóvão, which claimed that the changes to the limits were made without due consultation with the population and without a complementary law. The court had already won the case in the first instance in 2012, but the dispute dragged on until now, when the sentence became final.

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According to the UOLthe area to be returned includes several buildings, such as 6,727 registered properties, 14 schools with around 6,405 students and three health centers with 32,837 registered patients. Furthermore, the area is considered strategic for the urban expansion of São Cristóvão, which would make the transition even more complex.

The City of Aracaju has already appealed the decision at the Federal Regional Court of the 5th Region to try to postpone the return of the territory. The municipality’s attorney general, Sidney Amaral, argues that the change would bring harm to the population, who were not consulted about the transfer and who depend on the urban services currently provided by Aracaju. He defends the holding of a plebiscite so that residents can give their opinion on changing residence.

Meanwhile, the Attorney General’s Office (AGU) reported that the decision to comply with the sentence is in progress and that the competence to define the territorial limits lies with the state of Sergipe. The state government says it is analyzing the documentation sent by the Federal Court and working together with the Planning Secretariat to comply with court orders and support the work of IBGE.

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