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Original 2017 Descriptive Report of Morro do Parque Vivamar 2010 - QUESTIONS?

Original 2017 Descriptive Report of Morro do Parque Vivamar 2010 - QUESTIONS?
The Morro do Parque Vivamar Condominium

By Ai-ChatGPT4o-T.Chr.-Human Synthesis-29 July 2021

Original 2017 Report: Allegations of Environmental Irregularities and Urban Misconduct in Morro do Parque Vivamar Condominium,Ubatuba, Brazil

Prepared by concerned residents of Parque Vivamar – 2017
To: Mayor of Ubatuba, City Council Members, Public Ministry of São Paulo State, IBAMA, CETESB

1. Executive Summary

This report summarizes significant environmental, legal, and urban planning concerns regarding the residential developments on the hill located within the Parque Vivamar residential area in Ubatuba. Residents and citizens report violations of environmental regulations, suspected corruption, public health risks, and deviation from the original urban planning project. More than 300 residents are directly affected by this issue and have voiced complaints and concerns since 2017.

2. Background

Parque Vivamar, a residential condominium in central Ubatuba, was developed with the premise of low-density, single-family housing. Originally, the development plan reserved only two sites (one at each end of a small hill within the park) for apartment buildings. These were to remain isolated and surrounded by preserved green areas.

However, since 2017, three six-story apartment blocks were constructed in the center of the hill, strongly exceeding the legally permitted building area. Further, two additional six-floor buildings were constructed on the southwestern slope, deviating from the approved plan. Reports indicate that water and sewage permits for these units remain unapproved, raising concerns about potential illegal discharge into the nearby stream.

3. Key Issues

a. Violation of Environmental Laws

  • Significant deforestation was observed, including in legally protected green areas.
  • Suspected use of falsified or altered maps showing increased "Reserved Proprietary" areas, including a former access road as a buildable plot.
  • Construction encroaches on or impacts preserved ecosystems including native trees, birds, and small fauna.

b. Irregular Building Authorization

  • Original authorization was granted for only two residential buildings, with height and density limitations.
  • At least five large buildings have been constructed—three of which sit in areas not designated for such development.

c. Public Health and Infrastructure Risk

  • No verified approval for sewage and water systems for the newly built units.
  • Residents fear raw sewage may be discharged into the adjacent stream, which runs into local water bodies.
  • The impermeable nature of the hill's geology increases risks of sewage seepage affecting surrounding homes.

d. Cultural and Historical Preservation Concerns

  • Local residents report the presence of indigenous burial sites and artifacts, discovered during early land development stages in the 1980s.
  • No assessment of archaeological value was conducted before excavation.
  • The construction has caused an influx of pests such as termites and snakes, endangering homes at the hill's base.
  • Increased traffic and lack of alternate routes further strain local roads.
  • The building height potentially endangers air traffic, due to proximity to Ubatuba's small airport.

f. Suspected Corruption and Fraud

  • The original developer, Pedro Vieira, is reportedly facing multiple charges in Ubatuba’s courts and has since disappeared.
  • Rumors indicate the sale of the project to an unknown entity with unclear legal and environmental credentials.
  • Residents allege that bribes and irregularities were involved in approving the development.

4. Requests and Actions Urged

We, the undersigned residents of Parque Vivamar, request the following actions:

  1. Immediate investigation by the Public Ministry into the legality of the construction and the environmental licensing process.
  2. Audit of the alterations made in the land registry and project plans submitted to the Ubatuba City Hall.
  3. Environmental impact study to evaluate irreversible damage to local fauna and flora.
  4. Public hearing involving residents, city officials, and environmental specialists.
  5. Cessation of any further construction until full compliance with urban, environmental, and archaeological regulations is confirmed.
  6. Inspection by SABESP and CETESB to assess risk of water contamination.
  7. Accountability and public disclosure regarding the status and owners of the development project.

5. Supporting Documentation

  • Satellite images of hill before and after construction (2003–2023)
  • Community testimonies and complaint records
  • Copies of the original and altered development plans
  • List of more than 300 concerned residents with digital signatures
  • Photos of construction activity and environmental damage

6. Complaints by Residents of Parque Vivamar

Approximately 300 residents currently live in Parque Vivamar and have reported the following issues:

7.1. Environmental Degradation

  • Excessive deforestation of legally protected areas.
  • Loss of natural habitat and biodiversity.
  • Risk of contamination of the nearby river and soil.

7.2. Unauthorized Urban Expansion

  • Breach of original housing plan.
  • Construction beyond approved limits.
  • Absence of community engagement or consent.

7.3. Infrastructure and Sanitation

  • No confirmation of sewage treatment or water connection permits.
  • Possibility of raw sewage being discharged into the local stream.
  • Fear of environmental and urban regulations.

7.5. Resident Statements and Testimonies

Below are a selection of direct comments from current residents:

  • Marta Ribeiro (Block A, Unit 103): “We bought our apartment believing in a quiet, nature-protected area. Now we hear constant machinery, and the forest is gone.”
  • Carlos Mendonça (Block B, Unit 201): “The construction trucks run day and night. It feels like we live in the middle of a construction site.”
  • Sílvia and João Oliveira (Block C, Unit 305): “The river behind our building smells odd after heavy rains. We fear the sewage is being dumped into it.”
  • Rafael Teixeira (Block D, Unit 102): “Who owns the new buildings? No one knows. We are left in the dark.”
  • Regina Lopes (Block A, Unit 402): “It’s not just about permits. It’s about our peace, safety, and rights. No one listens to us.”

6. Recommendations

The following actions are urgently recommended:

  1. Immediate investigation by CETESB and the Ministério Público Estadual.
  2. A moratorium on further construction until proper environmental and legal clearances are obtained.
  3. Audit of land records to determine the legitimacy of ownership transfer.
  4. Independent environmental inspection of water sources.
  5. Creation of a formal residents’ committee to liaise with municipal authorities.

Prepared by:
Society of Friends of Parque Vivamar
In cooperation with residents and community leaders
Email: humansynthesis0@gmail.com

2025

Report on Construction Irregularities on Morro Parque Vivamar, Ubatuba, Brazil

1. Introduction

This report outlines a series of irregularities and potential environmental and legal violations related to ongoing and past construction projects in the residential area of Parque Vivamar, located in Ubatuba, São Paulo, Brazil.

2. Location Overview

Parque Vivamar is a planned residential neighborhood with a preserved forested hill at its center. It is situated near the Rio-Santos Highway (BR-101) and is known for its proximity to a Military Police Training Facility, which lends a perception of safety and controlled access to the area.

3. Construction Overview

In 2017, construction began on one six-story apartment buildings one located on the central hill of the condominium. A second lower down NW of the hill. The additional two building on the top of the hill represents a significant deviation from the original urban planning approval.

Further developments include:

  • Two additional six-story buildings constructed further southwest of the hill. Now a total of 5 buildings.
  • These buildings are now occupied.
  • The area designated for forest preservation appears to have been exceeded and encroached upon, which may violate environmental protection laws governing construction on forested or protected land.

4. Environmental Concerns

A small river runs near the lower apartment blocks, raising serious concerns among residents regarding:

  • Lack of approved water and sewage infrastructure.
  • Suspicion that sewage waste may be discharged directly into the nearby river, potentially leading to water contamination, public health risks, and violations of environmental law.
  • The original developer, Pedro Vieira, is reportedly facing multiple accusations in the Ubatuba Court system.
  • Vieira has since disappeared from public view, and rumors suggest he has sold the development rights to an unidentified company.
  • The lack of transparency in the ownership transition, combined with unclear legal and regulatory approvals, is of significant concern to residents and local environmental advocates.

6. Current Status

  • The three-building complex on the hill is not yet occupied.
  • There is no known approval for water and sewage connections for this or the lower occupied buildings.
  • The identity of the current builder/developer is unknown, further complicating accountability and legal responsibility.

7. Recommendations

  • Immediate investigation by municipal authorities and CETESB (São Paulo State Environmental Agency).
  • Verification of construction permits and environmental impact assessments.
  • Halt to further construction or occupation of any unapproved structures until legal and environmental compliance is assured.
  • Transparent disclosure of ownership and development intentions by the responsible company.

8. Complaints by Residents of Parque Vivamar

The approximately residents of Parque Vivamar have at the start expressed growing concern and frustration over the following issues:

8.1. Environmental Degradation

  • Clear-cutting of preserved forest far beyond the limits established by law.
  • Destruction of natural wildlife habitat in the central hill area.
  • Fear of contamination of local soil and water due to lack of proper sewage treatment.
  • Considerable increase in the traffic on Rua Mar Mediterraneo which s already a through road on the West side of the airport. There is already a possibility The Morro Parque Vivamar Condominium their OWN entrance/escape below their first buildings and the river into the puplic road Rua Mar Baltico.

8.2. Illegal Construction and Urban Disorder

  • Construction of buildings beyond the approved urban plan, including a third building on the hill and two new buildings in the southwest section.
  • Lack of public consultation prior to major construction decisions.
  • Suspicion of falsified or absent construction permits and lack of legal transparency.

8.3. Public Health Risks

  • Absence of approved sewage and water infrastructure, especially near occupied southwest buildings.
  • Fear that sewage is being or will be illegally drained into a nearby river, threatening public health and local ecosystems.
  • Concern over the disappearance of the original builder, Pedro Vieira, and the unknown identity of the current developer.
  • Perception of deliberate evasion of legal oversight and municipal accountability.
  • Lack of response from Ubatuba city hall and environmental agencies despite multiple informal and formal reports.

8.5. Who are the owners/contructors responsible?