Silva Andrea Ferraro and others vs. Estado de São Paulo (Air conditioning in schools)

In February 2025, Silvia Andrea Ferraro, Letícia Lé Oliveira, Dafne Sena Coutinho Ribeiro, Nayara Schrank do Rosário, Nathalia Santana Pereira, councilwomen of the Municipality of São Paulo, Paula Nunes dos Santos, Carolina Iara Ramos de Oliveira, Simone Ferreira Nascimento, Mariana Alves de Souza and Sirlene Sales Maciel, state co-deputies of São Paulo, and members of the PSOL Feminist Caucuses filed a preliminary injunction against the municipality of São Paulo and the State of São Paulo, on the alleged omission of public entities in adopting sufficient measures to address the effects of the climate emergency on public schools. Plaintiffs argued that high temperatures and successive heat waves harm the learning of children and adolescents, compromising concentration, memorization and cognitive capacity, in addition to affecting the regular provision of public education services.

Notably, in 2024, the Municipality of São Paulo recorded above-average temperatures in all months, while several schools in the municipal and state networks remain without air conditioning, adequate ventilation, or a water supply in appropriate conditions, and only 595 of the 5,077 state schools had air conditioning. It was alleged, therefore, that Defendants remain inactive or adopt insufficient measures in the face of a situation that tends to worsen, violating the right to education and compromising the protection ensured to children and adolescents.

In a preliminary injunction, it was requested that the Municipality of São Paulo and the State of São Paulo be compelled to present their respective plans for air conditioning the school units of the municipal and state public networks, within the scope of their competencies.

On May 31, 2025, however, an interlocutory decision was issued stating that the filing of a preliminary injunction was not justified in this case, as the request was of an anticipatory nature. Plaintiffs were ordered to supplement the initial petition to adapt the action within ten days.

On February 24, 2026, the action was dismissed without prejudice due to the absence of an amendment to the initial petition.