Questão jurídica principal
Whether the building permit for a secondary residence, issued on 2012-12-20, violated Art. 75b Cst.
Decisão extraída
Yes. The permit was granted after entry into force of Art. 75b Cst., in a municipality already above the 20% threshold, so it had to be annulled.
Fundamentação extraída
The constitutional ban on excessive secondary residences applies directly from 2012-03-11 to all permits issued thereafter; before 2013-01-01 such permits are voidable, not null. Since the project was a secondary residence in an over-threshold commune, the permit contravened the Constitution.