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The decision establishes that Aracaju must return 20,78 km² of its territory to São Cristóvão, after a decades-long territorial dispute over areas annexed by the capital in 1989 and 1999.
In a historic decision by the Federal Court of Sergipe, Aracaju will have to return an area of 20,78 km² – approximately 11,4% of its territory – to the municipality of São Cristóvão.
Judge Pedro Esperanza Sudário, of the 3rd Federal Court of Sergipe, ordered the Brazilian Institute of Geography and Statistics (IBGE) to make a new demarcation of territorial limits, based on state legislation prior to the 1989 Constitution.
The decision was made based on a 2012 sentence, which went through several instances and reached a final verdict.
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According to the court order, in addition to the IBGE, the audit courts will also be notified to make adjustments to tax transfers, directly affecting resources that Aracaju received for the disputed areas.
The ruling brings significant changes to both cities, especially to Aracaju, which will lose part of its population and infrastructure, now integrated into São Cristóvão.
Change in territory affects population and local infrastructure
With the new demarcation, around 30 thousand people who currently live in the region will officially move to São Cristóvão.
Data provided by the City of Aracaju indicate that a total of 6.727 buildings, 14 schools with more than 6.400 enrolled students, three health units serving 32.837 patients, and 3.334 public lighting points will be transferred to São Cristóvão, in addition to 31 km of paved roads and six areas considered at risk.
These areas, which were under the administration of Aracaju, were annexed to its territory in 1989 and 1999, through the state Constitution and a Constitutional Amendment, respectively.
The transfer of these services and infrastructure will have significant impacts on both the population and public bodies in both cities, which will need to adapt their budgets and local policies to the new territorial reality.
Dispute over territorial boundaries
The municipality of São Cristóvão based its action on the argument that the boundary changes made in 1989 and 1999 were unconstitutional, as they occurred without a specific complementary law and without popular consultation.
The city requires that the original boundaries of the territory, defined by Law 554 of 1954, be respected. This original legislation established a border line further east, from the mouth of the Vaza-Barris River to the Jabotiana neighborhood, in the north, according to the IBGE route.
The City Hall of Aracaju opposes the decision and argues that the 1954 delimitation, used as a reference, did not include modern georeferencing techniques, which are essential to guarantee precision in the limits.
Furthermore, the administration claims that the change will harm the local population's sense of belonging and could cause harm to the community of Aracaju, which sees part of its urban structure transferred to São Cristóvão.
New stage in the territorial dispute
With the court decision final and without the possibility of appeal, Aracaju will have to begin the process of transitioning areas and services.
The territorial and social impact of this change will bring logistical and administrative challenges, with São Cristóvão absorbing a significant portion of the infrastructure and public services previously under the responsibility of Aracaju.
The outcome of this dispute represents a victory for São Cristóvão, which had been seeking recognition of its territorial rights over these areas for decades.
The decision reflects the need for greater regulation in the processes of defining and changing municipal boundaries, aiming to avoid future conflicts and ensure that local populations are properly consulted on territorial issues that directly impact their lives.
Now, the expectation is that IBGE will complete the update of the maps and the new demarcation of the territory between Aracaju and São Cristóvão, officially formalizing the redistribution of the disputed area and ensuring that taxes and public services are realigned according to the new boundary configuration.
