Finance Court of Chapecó (SC) determined, in an injunction, the suspension of the processing of an administrative analysis procedure and the consequent issuance of a construction permit for a 20-story building. The decision is valid until a new neighborhood impact study (EIV) is carried out. of Chapecó. In a public civil action, the state Public Prosecutor's Office pointed out that the EIV presented by the construction company was approved without having heard the neighboring residents directly affected by the work, as required by the City Statute . Furthermore, there was no reasoned opinion, identification of negative impacts or requirement for measures to eliminate these impacts, as required by the municipality's Master Plan.
Those who could complain against the building and point out the negative impacts are conveniently not interviewed," said prosecutor Eduardo Sens dos Santos. For him, the EIV was a "mere rite of passage" and there was no intention to "identify, eliminate and mitigate the harmful effects of the work". According to the EIV urban diagnosis, the immediate surroundings of the site are predominantly occupie Chinese American Phone Number List d by residential buildings. Judge Lizandra Pinto de Souza highlighted that the residents' collaboration complies with the democratic principle and the principle of participation, applicable to Environmental Law. The judge maintained that the EIV did not cover the "population residing in the area of direct influence and who will suffer greater impacts due to the project". The study also did not mention the negative impacts on the brightness of nearby buildings. "The loss of lighting in neighboring properties in the study was not calculated,
as it was generally listed that there will be lighting interference throughout the day", explained the judge. There were also no measures identified to compensate or resolve such negative impacts. Finally, the technical chambers of municipal territorial planning analyzed and approved the EIV without justifying their approval decision. With information from the MP-SC press officeThus, even passing the physical fitness test, a participant ran the risk of being eliminated for being over 35 years old. When analyzing the case, the rapporteur, judge Simone Gomes Rodrigues Casoretti, observed that the requirement has no legal support in the General Statute of Municipal Guards nor is it justified by the nature of the position's duties.