The 23rd Federal Court of Rio de Janeiro granted an injunction ordering the Union to refrain from accepting any proposal to purchase the Palácio Gustavo Capanema building, in the city of Rio de Janeiro, if such proposal is made by entities, institutions and persons (legal or natural) ) of a private nature, under penalty of a daily fine of R$ 5 thousand. The public civil action was filed by the Federal Public Ministry (MPF).
In the preliminary injunction, federal judge Maria Amélia Almeida Senos de Carvalho made it clear that there is no doubt that the property is listed and that “the risk of irreversibility lies in the opposite possibility, of denial of an injunction, authorizing the sale of the property, which could lead to unwanted alterations that violate the principle of tipping”.
The magistrate recorded that the Union admits that the opinion that would justify the sale is in force and that the possibility of sale remains under discussion internally. “As this is public property whose disposal is still being considered, the injunction must be granted,” she wrote.
Real Estate Fair
In August 2021, the Ministry of Economy started, in Rio de Janeiro, the SPU+ Real Estate Fair. Until the end of the year, auctions are also scheduled in the states of São Paulo, Minas Gerais and Rio Grande do Sul, in addition to the Federal District. The intention is to publicize the new model of the Property Acquisition Proposal (PAI). With the mechanism, any person, individual or legal entity, can submit proposals for the purchase of Union properties.
Action
In November last year, the MPF filed a lawsuit to prevent the sale of the Gustavo Capanema Palace. The action was the result of a public civil inquiry that investigated news of the possible sale, at a property fair promoted by the Union, of the building, located on Rua da Imprensa.
The historical, cultural and architectural value of the Gustavo Capanema Palace, a landmark of modern Brazilian architecture, was recognized by the Instituto do Patrimônio Histórico e Artístico Nacional (Iphan) as a landmark in 1948. The building was inaugurated in 1945 by Getúlio Vargas and was the headquarters of the former Ministry of Education and Health, with architectural design by Le Corbusier and Oscar Niemeyer, with tiles by Portinari, sculptures by Bruno Giorgi, paintings by Alberto Guignard and José Pancetti, and gardens by Burle Marx.
Today, on 16 floors, the building houses a public library, a concert hall, part of the National Library collection and the superintendencies of cultural bodies. In addition to protection by heritage at the federal level, the Capanema Palace has been part, since 1996, of Brazil’s indicative list for recognition of the building as a world heritage site by the United Nations Educational, Scientific and Cultural Organization (Unesco).
Before prosecuting the case, in September last year, the MPF issued a recommendation to the Union that the building not be sold to the private sector. The recommendation was sent to the Secretary of Heritage of the Union and the Secretary of Privatization, Divestment and Markets of the Ministry of Economy, which informed that, in the understanding of the federal government, the sale of listed properties to the private sector is allowed, even in the face of the express prohibition of the tipping legislation.
THE Brazil Agency contacted the Attorney General’s Office (AGU and awaits a response.
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