A Xunta esta lexitimada polas competencias que ten atribuídas en materia de tutela do patrimonio histórico-artístico
En Marea vén de presentar unha proposición non de lei no Parlamento de Galicia para que a Xunta acuda “de inmediato” aos xulgados para reclamar pola vía civil a nulidade do título da “fraudulenta adquisición” por parte do ditador Francisco Franco do Pazo de Meirás. Antón Sánchez, un dos deputados que asina a iniciativa, sinala que “a simulación fraudulenta da compra do Pazo feita por Franco é nula dun xeito radical e por iso rexistramos unha iniciativa onde instamos á Xunta a que abra a vía civil para declarar como tal esta operación”. En Marea faise eco así das propostas do alcalde de Sada agardando que “sexa apoiada por tódolos grupos, xa que é unha cuestión de dignidade democrática”.
O Grupo Parlamentario considera que o recente anuncio da posible venda do Pazo por parte dos herdeiros de Franco “consolidaría o espolio” e practicamente imposibilitaría que se puidese incorporar ao Patrimonio público, polo que as deputadas e deputados de En Marea cren que a alternativa xudicial pode abrir unha vía para a recuperación do Pazo. “Hai que explorar tódalas vías e a xudicial cremos que pode dar froitos”, apunta Sánchez.
Este trámite polo civil debe levar aparellada a súa anotación preventiva no Rexistro da Propiedade aos efectos de público coñecemento por terceiros, xa que En Marea teme que unha hipotética transmisión a posibles compradores “suporía unha dificultade engadida para a súa incorporación ao patrimonio mesmo no suposto de que prosperase a acción de nulidade que se poida presentar ante os xulgados”, argumentan dende o partido. En Marea sostén que debe ser a Xunta quen promova estas accións porque é a Administración “lexitimada polas competencias que ten atribuídas en materia de tutela do patrimonio histórico-artístico e, máis en concreto, coa lexitimación reforzada ao tratarse dun Ben de Interese Cultural”.
En Marea fai fincapé en que o Pazo debe ser incorporado ao noso patrimonio e que ante a urxencia da situación, sen perxuízo das actuacións que promovan os poderes públicos e as mesas e xuntas promovidas pola Deputación e a Xunta, débese definir “á maior brevidade” cal é a estratexia xurídica e procesual para acadar este obxectivo. As deputadas e deputados asinantes da proposición non de lei afirman que esta estratexia debe comezar pola presentación da acción de nulidade “dado que consta acreditada a simulación dunha compravenda que non foi tal”, ademais do resto de iniciativas que se acorden nos foros de expertos creados para o estudo do retorno do Pazo ao público.
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