Case Name: ADI estadual 0007238-31.2021.8.21.7000 (Eldorado do Sul Master Plan)

Summary

This is a Direct Action of Unconstitutionality filed by the Attorney General of the State of Rio Grande do Sul against Municipal Law 4.968/2019 of Eldorado do Sul, which deals with urban policy and establishes the Urban and Environmental Development Master Plan of the municipality. The petitioner argues that the approval of the Plan by the City Council occurred without popular participation during the legislative process, violating the constitutional right to participation, which renders it incompatible with the Constitution of the State of Rio Grande do Sul and the Federal Constitution. It argues that the law in question reduces environmental protection in the city, reinforcing the need for popular participation in the legislative process, as well as the need for a technical study analyzing its environmental impacts. It requests, as a preliminary measure, the suspension of the validity of the challenged law. As a final measure, it requests a declaration of unconstitutionality of Municipal Law 4.968/2019.

The Reporting Judge granted the requested preliminary injunction. He understood that the documentary evidence demonstrated the lack of public consultation. He considered that master plans are related to the quality of life of the population, making public discussion indispensable. He highlighted that no Environmental Impact Study or Neighborhood Impact Study had been carried out, considering the National Environmental Policy - PNMA (Federal Law 6.938/1981) and CONAMA Resolution 237/1997.

The Residents and Friends Association of Parque Eldorado (AMAPE) requested to participate as amicus curiae in the case. AMAPE points out, among other issues, the importance of the climate discussion in this case. It emphasized that climate should cease to be a peripheral issue in the action, as, alongside health protection, it is part of the core of the right to a balanced environment, integrating the minimum environmental standard of living. It argued that the legislative provision for the installation of an industrial park in the Parque Eldorado area (a district of the municipality), related to the opening of the Guaíba coal mine, goes against the need to expand renewable energy sources to preserve the planet's climate. It highlighted that coal mining should cease in order to protect the climate, the environment, and health, as foreseen in the Paris Agreement (promulgated by Federal Decree 9.073/2017). Furthermore, it was stated that the indigenous community living near the region was not consulted about the approved law, as required by Convention 169 of the International Labour Organization (ILO). Subsequently, the request for admission as amicus curiae by AMAPE and other organizations was granted.

The special body of the Court of Justice of Rio Grande do Sul ruled in favor of the request to declare Municipal Law 4.968/2022 unconstitutional, on the grounds that the requirements of reasonable community participation in the drafting of the law and the carrying out of prior environmental studies on its impacts were not observed, considering the climate issue when mentioning the statement from AMAPE.

Subsequently, the Municipal Law in question was repealed, which is why the claim became moot. Therefore, it was definitively dismissed.

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Main norms mobilized

• Article 225 of the Federal Constitution (CRFB/88)
• Article 231 of the Federal Constitution (CRFB/88)
• City Statute (Federal Law 10.257/2001)
• CONAMA Resolution 237/1997
• Federal Constitution (CRFB/88)
• ILO Convention 169 (Federal Decrees 5.051/2004 and 10.088/2019)
• National Environment Policy Act - PNMA (Federal Law 6.938/1981)
• Paris Agreement (Federal Decree 9.073/2017)

Case timeline

Case documents