Precautionary providence to stop work in Porto will “may clarify everything”

O president of the Porto Chamber, Pedro Duarte, today considered that the precautionary measure brought by an association to suspend the works of the Emporium Park project, next to the City Park, is “comfortable” because it will “be able to clarify everything”.

“It is, in a sense, even comfortable, that we can have this providence because it is another instance that will evaluate and the decision that will be taken protects us all. If, eventually, the decision gives reason to what the action was put by the Porto Atlântico Association, the House will have instruments to be able to reverse [the work]. If not, we will also be more comfortable because we know that we did what was possible,” said Pedro Duarte (PSD/CDS-PP/IL).

The mayor, who spoke to journalists on the margins of the municipal executive meeting today, recalled that the House already had a legal opinion indicating that no illegalities were found in the project, but revealed that, before being notified of the providence, they had already requested two more opinions from external bodies to be “safe”.

“Injunction is a mode that is foreseen in our legislation precisely for this type of circumstances. We have already been notified and I would say that, in a sense, I am glad that we can clarify everything through a judicial body. From then on, of course, that the House will follow what is the opinion of the court, which will evaluate it independently and fairly,” he said.

Pedro Duarte assured that he had not yet changed his mind about the project and reiterated that he would never be licensed in this manner during his term.

The Porto Atlântico association filed a restraining order to suspend the works of the Emporium Park project, next to the Park of the City, considering the “partial” embargo of the House of Porto ineffective, to which this lawsuit is addressed, as reported today to Lusa.

The precautionary measure of suspension of effectiveness against the municipality, which entered the Administrative and Fiscal Court of Porto on September 29, and was admitted on October 6, has as counter-interested the society that explores the enterprise, next to the Park of the City, when there is already an administrative action under way, interposed by the same association.

By the end of July, the House of Porto lifted the partial embargo it had applied in April, because it considered that the “irregularities detected” had been corrected.

In question is the partial embargo on Emporium Park announced by the House of Porto on April 29, after a municipal oversight action that detected “a deviation in construction of 80 cm above the maximum allowed height”.

According to the association, whose general assembly unanimously approved the intention to proceed with the precautionary measure, the “partial embargo promoted by the House of Porto” revealed “inefficacy”.

“ With the presentation of this precautionary measure, the Porto Atlântico Association intends to obtain, in accordance with the terms to be assessed by the court, the suspension of the effectiveness of the contested act while the main action takes place ", can be read in the note sent to the essays.

In practice, it aims to prevent the consolidation of the fait accompli which may be prosecuted, in order to avoid “aggravating the costs of a possible replacement of legality”.

The decision concerning the Emporium Park was welcomed both by the Porto Atlântico Association, which had brought a popular action at the Port Administrative and Tax Court to stop that work between the City Park and Boavista Avenue, both by seeing the Cávez.

Emporium Park is a concrete development with a construction area of more than 22 thousand meters frames consisting of 22 apartments spread over three-story buildings.

In March 2023, the person responsible for the urban rehabilitation of the property consultant Predibisa revealed to Lusa that the land, which was occupied until May 2022 by Horto da Boavista, would host a private condominium with 22 apartments and that the work should start at the end of 2023.