The São Paulo Court denied an appeal presented by the Public Prosecutor's Office on Thursday (1st), thus maintaining the permission for construction works in the Salesians' Grove, located in the West Zone of the São Paulo capital. This area has already suffered from the cutting of 118 trees and is protected by a 1989 decree that stipulates the immunity of trees from deforestation.
The decision was reached by the São Paulo Court of Justice through a vote of 3 to 2. The judges confirmed the existence of environmental protection over the grove, but understood that such protection is not absolute, allowing for the authorization of cuts based on technical evaluation and due environmental compensation.
As detailed in the decision, a large part of the trees present in the location belongs to exotic species and has a value more related to the landscape aspect. Furthermore, the magistrates considered that the area in question does not constitute a massif of significant ecological importance.
In the specific context of this case, the proposed environmental compensation was assessed as adequate. The grove has been subject to judicial litigation for several months, with the Green and Environment Prosecutor's Office filing a lawsuit to contest the cutting license, alleging that the Salesians' Grove is a protected environmental asset.
Following various judicial decisions regarding the intervention, the municipal Secretary of the Environment, Rodrigo Kenji de Souza Ashiuchi, formalized the authorization for the removal of the trees through an Environmental Commitment Term (TCA).
Although the Public Prosecutor appealed the determination, its appeal was rejected this Thursday. The construction company Tegra, responsible for the developments, assures that it possesses all necessary licenses and that the Court of Justice validated the legality of the project. The company claims that the tree management complies with the technical standards defined by the Secretariat of Green and Environment, adding that most of the removed trees were dead or classified as invasive.
Tegra also informed that it will preserve 66 native trees in the area and committed to planting more than 500 seedlings as part of the environmental compensation. Additionally, the developer plans to revitalize four squares in the region, with an investment exceeding R$ 1 million.