More than 30 environmental and fiscal military police officers from the Palhoça City Hall, in Florianópolis (SC), were mobilized to demolish all structures on a property on Maço beach, in Serra do Tabuleiro State Park, on Tuesday, 15 March. The place, known as Vale da Utopia and which can only be accessed by trails or the sea, is frequented by the alternative public that seeks full contact with nature. In addition to a bar, the area targeted by the SC Public Ministry was a small rural property with 11 heads of cattle.
The public civil action to vacate the area in the park was filed in 2010. In 2014, after several hearings, the first-degree Justice confirmed the MP’s accusations and ordered the demolition of the structures.
In the decision, Judge Lillian Telles de Sá Vieira pointed out that the defendant, Ivanir Hermínio da Silveira, 68 years old, deforested areas of Atlantic Forest and promoted changes in the environment with the construction of the bar and buildings, in addition to the implementation of cisterns, creation of of cattle and ample camping area. In July 2021, the Court issued a demolition authorization, which was completed last week.
“Therefore, human occupation and the performance of any activity harmful to the environment within the Serra do Tabuleiro State Park are unfeasible”, said the magistrate in the decision, also pointing out that no type of environmental license was issued for the activities carried out. on site.
Known as Mema, Ivanir says that his ancestors, Portuguese, acquired the area more than 180 years ago and that the use of the place occurred in a sustainable way.
“My great-grandfather, an old Portuguese, was a drover and bought these lands, I have the 180-year-old public deed, made with a pen. I grew up here planting peanuts and manioc, but now I’m treated like a bandit. resort, as we see around. They are sweeping the rooted natives to enter the powerful”, he said on Friday (18).
Annoyed with the demolition, Mema closed the access to the beach through the trails with the rubble of the demolitions and says that no one will enter her property to get to the beach. “I’m a retired fisherman, I earn R$1,200 a month. I don’t know how I’m going to survive now. The whole family works here and we give ten more jobs to outsiders,” she said. According to Mema, the bar had existed for 31 years and was open daily.
Since Tuesday, the occupant has kept all access to the area blocked. Unsuspecting tourists, many from other regions of the country, found themselves prevented from accessing the beach. Mema also says that the cattle that are on the property are not being fed because of the demolition, which also destroyed the place where the animals used to feed.
Mema’s defense will appeal the decision to the Federal Supreme Court (STF). The defense tries to prove that the property is not located within the integral preservation area and that the use on the site could be regulated by the management plan of the conservation unit.
Property should have been indemnified
The Santa Catarina court recognized the private property and informs that Ivanir da Silveira presented a document confirming ownership since 1956. However, with the creation of the park in 1975, which is the largest conservation unit in Santa Catarina, with 84.1 thousand hectares , all private properties within the limits of the conservation unit should be expropriated and compensated by the State.
The Court also informs that, in 2009, the Legislative Assembly approved a mosaic with environmental preservation areas (APAs) inside the park, creating less restrictive areas for use. However, this tile does not include the Mema property.
“The eventual right to compensation for indirect expropriation must be resolved in the field of civil compensation”, said judge Lillian Telles in her decision.
In addition to Mema, the Court also listed the municipality of Palhoça and the Environment Institute (IMA) as co-responsible for environmental damage due to negligence and omission.
