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The Archdiocese of Braga wanted to clarify to the people of Braga about the recent decision of the Judicial Court in the dispute over the ownership of the Parque de S. João da Ponte, which gave reason to the Sala de Braga. In the text published on his website, the Vicar General, João Paulo Abreu, reaffirms that “the Park has belonged, from time immemorial, to the Church, in the figure of the Brotherhood of S. João and after the parishes of S Lázaro and Santo Adrião ”. . That is why he will appeal to the Guimarães Court of Appeal. On the other hand, the judge of the Civil Unit concluded that, “since 1800, the Park has been a space of free access to the public, without restrictions. And that was maintained, conserved and cared for exclusively by the Chamber ”. Thus, and to better clarify the readers, O MINHO leaves here a summary – albeit extensive – of the two positions.
Chamber interventions
The Church begins by saying that with its action it wanted to “clarify, in a peaceful and orderly manner, the issue of service to the community. In fact, in recent times there have been interventions by the Chamber that disturb a healthy relationship ”.
Church considers “perverse” sentence attributed by Parque da Ponte to the City of Braga
Then, he says that he proposed to the Chamber a protocol where he would recognize the property of the Church, being able to organize activities there. “The spaces of the Church are for the people and for the people. It has always been like this and we want it to continue being the case.
And he adds: “To prove possession, in addition to the documents presented, let us recall an inscription placed at the foot of a transept built by S. Bartolomeu dos Mártires on the occasion of a plague that devastated the city. ‘Being Archbishop of Braga, D. Frei Bartolomeu dos Mártires, there was a plague in the city, in the year 1570, the plagues were brought to this duty’ “.
I adore you
The priest then evokes the use of the cemetery, saying that they have always had a public function. “Christians and non-Christians entered. For this reason, the Chambers felt motivated to intervene in lands that do not belong to them, but in return for the public good. This is what happened. We have 551 parishes in 16 counties. The parishes and the Archdiocese show gratitude to the local authorities. Ours is at the service of society ”.
And he points out: “In the case of Ponte we always request cleaning and repair work from the Chamber. There was a harmonious collaboration. Only recently, and despite the fact that the spaces are registered in our name, difficulties have arisen that we cannot understand ”.
Kiosk revenue and lumber sales
Continuing, he says that “the Santo Adrião parish pays IMI for the roundabout, received income from a kiosk, negotiated the sale of the wood and paid compensation in vehicles for the fall of trees at the request of the Chamber, because the space is yours”.
The Parque da Ponte in Braga belongs to the Chamber and not to the Archdiocese, the Court decided
The Archdiocese’s explanation addresses the issue of religious festivals in honor of the saints, saying that “they were always celebrated by the Brotherhoods as Associations of the Faithful. When circumstances warrant, Party Commissions are established in conjunction with the Church. This is how it was at the Festas de S. João ”.
It pronounces on the sentence, saying it is “unfair and not based on legal arguments faithful to history. We reaffirm that dialogue would be the most appropriate way to recognize property and put it at the service of the city, as it has always been. We do not agree with the arguments presented in the Court based, not on documents, but on a study by someone who is also an interested party in the case. In this case, Councilor Miguel Bandeira.
Confiscation by the State
The Canon also explains that “the Park belonged to the Archdiocese, but was confiscated by the State in 1910, (along with Quinta da Mitra) like so many other emblematic buildings in the city. But the Park (chapel and surrounding territory), never suffered another fate. It belongs unequivocally to the Church. It will always be, as in the past, at the service of the city and of all ”.
The judicial sentence
In the ruling, the judge concluded that “since 1800 the Park has been a space freely accessible to the public. At that time, there was the road that connected Braga with Guimarães, there were two bridges over the East River, one of them (the smallest) that has since disappeared ”.
And he points out: “It was the Chamber that did the cleaning, conservation, tree pruning, gardening, paving roads, laying sidewalks, etc. The Park has always been separated from Quinta da Mitra ”.
And he adds some facts: “In 1839 the Chamber approved a request from the Brotherhood of Nossa Senhora do Parto (which administered the Chapel), requesting authorization to create a cemetery, with bushes, assuming that it would be kept for public use.”
The Archdiocese of Braga accuses Câmara of wanting to own the Parque da Ponte
And the magistrate emphasizes: “The population there moved freely. There was still a group of buildings next to what is now the final part of Avenida Liberdade (just after the East), as well as a wall that delimited the Park, from the Quinta. In the 20th century, the situation was maintained, it continued to be maintained and preserved, and even an Improvement Commission was created for its management and aimed at its expansion. The Municipality wanted to access the Quinta, set up an orchard and a sports field (as was the case).
Property confiscated in the Republic
With the publication of the law of separation of the State from the Church of 1911, the Quinta was declared of the State, and in its description it says: “In front of the fountain with the S. João park …” In the following years, there were pilgrimages to S. João and cattle fairs, where everyone could access. In 1911 the Chamber rented the Quinta, upon payment of the annual rent of 150 escudos. In October he asked to lower the rent to 100 escudos: “The Chamber, however, given that the land in question is intended for the improvement of the Park and, therefore, they will not be able to provide income.” In 1917, he asked the State to sell the Quinta to build “sports playgrounds, nurseries for ornamental plants, fruit trees and others, expansion of the Ponte Public Park, etc.”.
Resolutions
Subsequently, it produced deliberations, for the expropriation of land and houses and in the margin of EN No. 27, for the regularization of Avenida da Liberdade under construction, for the transformation of part of the Quinta into the Municipal Garden and into a sports field. And he signed lease contracts and / or gave part of the land to JAE (Junta Autónoma de Estradas). He electrified the park in 1926 and paid for the work. In 1946 a significant part of the Quinta returned to the Church, but the list of buildings returned did not include the Park. In 1951, for the extension of the EN 101, next to the Park and in the extension of the then called Avenida Marechal Gomes da Costa (now Liberdade), he expropriated three houses, privately owned, located in S. João da Ponte. In 1963, he awarded the work to seal part of the Park.
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