«Zárate Villalba, Juan Ramón y otros c/ GCBA s/ amparo», CÁMARA DE APEL. CONT. ADM. Y TRIB. DE LA CIUDAD AUT. DE BS. AS., 30/09/14

SUMARIO.- Declara válidos los decretos N°1247/05 y N°2036/06 del GCBA en cuanto prevén subsidios habitacionales y créditos hipotecarios para los habitantes del asentamiento Rodrigo Bueno, a cambio de que abandonen el predio que ocupan del Área de la Reserva Ecológica. Sin embargo, refiere que la circunstancia de que se considere legítimo el programa de acceso voluntario a subsidios, de ningún modo implica autorizar un desalojo forzoso y masivo del predio, sino que sólo implica un análisis de la pretensión en los términos deducidos. Agrega que no corresponde al Poder Judicial ordenarle al Estado Municipal que, con fondos públicos ponga en condiciones las tierras públicas ocupadas, en tanto no existe una obligación legal o constitucional específica incumplida de su parte. Añade que, si la Administración entiende que ello es una solución posible, posee las herramientas para avanzar por ese camino.

Fuente: infojus

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38 comentarios de “«Zárate Villalba, Juan Ramón y otros c/ GCBA s/ amparo», CÁMARA DE APEL. CONT. ADM. Y TRIB. DE LA CIUDAD AUT. DE BS. AS., 30/09/14

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