The Braga Chamber challenged the precautionary measure put in the local Administrative Court by a group of citizens, against the sale of the old Confiança factory, accusing them of, “political terrorism” and “attempt to instrumentalize the courts”.
In the document, jurist Paulo Viana says that the Save the Trust Platform “fights illegalities, to try to legally control legitimate political decisions”.
“It may not be possible to agree with political options, but it is in the organs of the autarchy and in the elections that they question themselves, and not in the courts”, he says, remembering that this is already the third precautionary measure attempted on the same theme: the first was brought by the same authors and rejected in the first and second instances; the second was brought by the Public Prosecutor’s Office and also dismissed ”.
Paulo Viana recalls that the plaintiffs basically maintain that the use / function approved by the PIP is illegal ”, but curiously they point out nullity for violation of the PDM, but do not indicate which rule is violated…“
“There is no illegality”
The lawyer also counters the arguments of the providence, namely the illegality of the construction of a university residence in the building. The PDM – Municipal Master Plan – says the Platform – foresees for the building a use / function of equipment, which would not fit the project.
Paulo Viana counters that the project involves a university residence, an interpretive center of memory of the Trust and areas of restoration, support and commerce.
“What Article 74 of the PDM regulation provides for is a broad concept of equipment, whether public or private,“… which includes facilities and places for training, teaching and research, health and hygiene, public safety, culture , leisure, physical education, sport and public supply or concern collective facilities, aiming to provide an extensive service to the population interested in its area of influence and located in strategic points of the territory ”.
And he adds: “Residential use is not prohibited in the PDM and, in addition, the construction of student residences does not correspond to traditional housing use”, he argues, recalling that the project “addresses the serious lack of housing for university students”.
Property to abandon?
The Platform’s second argument, which alleges non-compliance with the decree-law on university residences, is also rejected: “we never wanted to do a residency under the terms of the diploma, but rather accommodation for university students”, he opposes.
Paulo Viana recalls that the winner of the auction has to present a project and license it, and stresses that, “if the measure is decreed, the property will continue to deteriorate and to be abandoned, not least because the judicial appeals take five years to be solved ”.
The first public auction for sale of the building had no bidders, and another is scheduled for March 10 in a closed letter. If there is no buyer, the Chamber donates the building to the University of Minho for the same purpose.
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