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Considered the oldest process in the Republic, Princess Elizabeth’s action against the Union came to an end after 124 years. In this case, since 1895, the Orleans and Bragança family complained to the court that the government did not compensate them for the capture of the Guanabara Palace, in RJ, shortly after the proclamation of the Republic.
In June, the first class of the STF decided, by majority, to dismiss the appeal, in the terms of the rapporteur Rosa Weber, and guaranteed the ownership of the Palace to the Union.
In 2018, the Orleans and Bragança family had already lost the dispute in the STJ. At that time, the collegiate understood that the patrimony is National Own and the family had the domain only for use and housing.
In the STF, Minister Rosa Weber found that the reasons for the grievance “They are not able to refute the rationale behind the aggravated decision”.
remember
The author of the action is none other than Princess Isabel herself. Before becoming the Guanabara Palace, the building where the RJ state government headquarters is located was called Paço Isabel, since it was the residence of the Princess and Count d’Eu; the couple bought the house from José Machado Coelho in 1864, with the dowry granted by the state for the princess’s wedding.
In 1889, decree 78-A, issued by Marshal Deodoro da Fonseca, prohibited the emperor “Pedro de Alcântara and his family” from entering the territory, and considered the family appropriations extinct. Two years later, Decree 447, of July 18, 1891, established provisions on the assets that constituted the dowry of the now former Princess Isabel. The decree said:
“Art. 1º All the goods that constituted the dowry or patrimony granted by acts of the extinct regime to the former imperial princess D. Isabel, Countess d’Eu, are incorporated into the nationals themselves; as well as the property called Palacete Leopoldina – and located in Rua Duque de Saxe ”.
For a time the possession of the royal family over Guanabara was maintained, but in 1894, in the Revolt of the Armada, the Palace was invaded and, according to the royal family, taken by force by military troops, who expelled the employees. Members of the family were exiled in Europe.
In 1895, Princess Elizabeth filed a possessory action. In 1955, that is, the claim action was initiated, filed by her grandson, Pedro Henrique de Orleans y Bragança, who requested possession of the palace or compensation. The two were tried jointly by the STJ.
In the Court, the dispute began almost ten years ago, in September 2009. The extraordinary appeal of the royal family was filed against the sentence of the TRF of the 2nd region that understood that the property was acquired specifically for the princess and the her husband’s house, a good being founded on lands belonging to the Nation. According to TRF, the couple only had housing rights in relation to the property.
The decision of the fourth class of the STJ upheld the TRF ruling.
The royal family motives were made by lawyers Dirceu Alves Pinto, who has worked on the case for more than 50 years, and Gabriel Orleans y Bragança, a direct descendant of D. Pedro II, Emperor of Brazil. Prosecutor Daniela Giacometti spoke for the State of RJ. Federal Prosecutor Márcia Dantas was appointed by the Federal Government.
Read the STF ruling.
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