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MPSP vs. São Paulo Municipality and Sebastião Cortês Incorporadora Spe LTDA (Forest suppression in Perdizes, São Paulo) - decision

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MPSP vs. São Paulo Municipality and Sebastião Cortês Incorporadora Spe LTDA (Forest suppression in Perdizes, São Paulo) - Other

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MPSP vs. São Paulo Municipality and Sebastião Cortês Incorporadora Spe LTDA (Forest suppression in Perdizes, São Paulo) - reply

Filing Year For Action

In January 2025, the Public Prosecutor's Office of the State of São Paulo (MPSP) filed a Public Civil Action (CPA) with a request for an injunction, against the Municipality of São Paulo and Sebastião Côrtes Incorporadora Spe LTDA., aiming to prevent the imminent risk of tree cutting and/or pruning due to a real estate development project by Sebastião Côrtes Incorporadora Spe LTDA. It is informed that this lawsuit concerns a forest, the removal of which began in January 2025, which has existed since the 1950s and consists of approximately one hundred mature and large-sized trees, home to various bird species, and potentially containing a water spring within the property located in a private area in the Perdizes neighborhood in São Paulo. This forest is purportedly protected as it includes a Permanent Preservation Area (APP) and Permanent Preservation Vegetation (VPP), in addition to being situated on land geomorphologically classified as a drainage headwater, which is highly susceptible to landslides, erosion, and flooding. It is emphasized that in the context of climate change, flooding becomes much more likely, further underscoring the importance of preserving the area. Urban regulations are cited, which mention the need for cities to adapt in light of climate change. The request is made for the granting of preliminary injunctive relief, to: (i) impose on the developer the immediate cessation of tree removal, continuation of any construction work on the site, earthmoving, deposition of construction materials, or other activities aimed at the construction of Sales Stands or similar structures, under penalty of a daily fine; (ii) suspend the Permit issued by the Municipality, as well as the Term of Adjustment of Conduct (TAC) executed for the intervention at the site; and (iii) impose on the Municipality the obligation to reassess the authorization, taking into account the discrepancies pointed out in the technical opinion of CAEX-MPSP regarding the level of protection of the area.

In January 2025, the judge granted the injunction.

In February 2025, Sebastião Cortes Incorporada Spe LTDA. filed a defence and claimed that all the necessary licenses and authorizations for the project had been duly obtained from the competent environmental agencies. Therefore, the preliminary injunction ordering the halt of activities lacks technical and legal grounds and should be revoked. It refuted the existence of fragments of Atlantic Forest or centuries-old trees in the area, stating that the site has been intensely altered since the 1950s, without any trace of dense ombrophilous forest, and no native vegetation protected by law was found. With regard to hydrological impacts, it stated that there are no apparent bodies of water in the area, as the tributaries of the Sumaré stream are channelled underground. Finally, it requested that the action be dismissed.

In March 2025, the Municipality of São Paulo filed a defence and claimed that an inspection carried out on the site found no native vegetation or Atlantic Forest. It stated that the property is in a consolidated urban area, already surrounded by occupations, and that there is no change in land use, as it is an unbuilt urban plot, with sparse vegetation. It emphasized that the intended construction complies with the urban planning and environmental parameters of current municipal legislation. Finally, it requested that the decision granting the emergency relief be revoked and that the action be dismissed.

MPSP vs. São Paulo Municipality and Sebastião Cortês Incorporadora Spe LTDA (Forest suppression in Perdizes, São Paulo)

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