The Municipality of Silves welcomed today, in a statement, the judgment of the Court of Appeal of Évora, dated yesterday, 10 November, which confirmed the previous sentence of the Court of Portimão, handed down in August of this year, which annulled the embargo that “Praia da Cova – Realizações Turísticas SA”, a company linked to the “Vila Vita Parc” group, made, last 9 May, for the construction of a shelter for the tractor of fishermen on the beach of Armação de Pêra.
According to the municipality, in recognizing that the Portimão Court was well done, when it considered that the plot of land on which the work promoted by the Municipality of Silves falls is part of the maritime public domain and that “Praia da Cova” has no legitimacy to embargo any work on that plot on the grounds that it is private property, the Évora Court of Appeal concluded by rejecting the appeal filed by that company, thus confirming the appealed court decision .
This is, therefore, the second judicial decision, within the scope of the injunction instituted by "Praia da Cova", which confirms the Municipality of Silves, in affirming the public, and not private, character of Praia dos Pescadores de Armação. from pear.
The Municipality of Silves recalls that, in parallel with this judicial process, another is also taking place in the Court of Portimão, brought by the Public Prosecutor's Office on behalf of the Portuguese State, in which the annulment of a public deed for the purchase and sale of land that would integrate the sands of Praia dos Pescadores de Armação de Pêra, celebrated in December 2012, based on the fact that this beach is part of the public maritime domain of the State.
The Municipality of Silves argues that "the Fisherman's Beach of Armação de Pêra, which is the cradle and roots of this fishing village, where the fishing corridor and more than 40 fishing supports for the collection of fishermen's equipment are located, the auction , public bathhouses, the Red Cross post and various commercial establishments and concessions, are part of the public domain of the State».
In view of the decision of the Court of Appeal of Évora, and on the assumption that the company “Praia da Cova” will respect the judicial decisions, the Silvense Chamber considers that “the conditions for the completion of the work on the new tractor shelter, worth 95 thousand euros, offered by the Municipality of Silves to the Fishermen's Association of Armação de Pêra».
This investment, recalls the municipality, is part of the “ongoing process that aims to create a protected marine area of community interest that focuses on the bay of Armação de Pêra, the future Marine Natural Park of Recife do Algarve – Pedra do Valado”.
The statement ends by guaranteeing that “the current permanent executive of the Municipality of Silves, in the face of all this circumstance, will continue to fight for the public nature of Praia dos Pescadores de Armação de Pêra, as a part of the public maritime domain of the State, symbol of the historical identity of Armação de Pêra, and to ensure the defense of legality and the pursuit of the public interest, within the scope of the protection of public real estate and the protection of the legitimate rights and interests of the local fishing community».
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