The Mato Grosso Court accepted a public environmental civil action proposed by the State Public Ministry (MPE) against the City of Cuiabá and ordered the immediate halt to the removal of trees on Avenida Fernando Corrêa da Costa. The City Hall carries out urban mobility works on the avenue and has already demolished more than 50 ipe trees.
Judge cites heat of 40°C and suspends cutting of trees on avenue
The Mato Grosso Court accepted a public environmental civil action proposed by the State Public Ministry (MPE) against the City of Cuiabá and ordered the immediate halt to the removal of trees on Avenida Fernando Corrêa...
The decision was signed by judge Bruno D’Oliveira Marques, in legal replacement at the Specialized Environmental Court, and was published this Thursday (9).
In the action, the Public Ministry requested the suspension of all tree removal authorizations in force in the municipality, in addition to the immediate interruption of tree cutting in Fernando Corrêa, on the BR-163 stretch.
According to the MPE, the City of Cuiabá has been authorizing the cutting of adult trees without sufficient technical criteria, adopting only quantitative parameters for environmental compensation, such as the number of seedlings replanted, without considering factors such as biomass, crown size and the environmental services provided by adult trees.
As an example, the agency cited the complete removal of trees on Rua Baltazar Navarro, in the Bandeirantes neighborhood, and the removal of trees on Fernando Corrêa in front of Copagaz. According to the action, 24 of the 82 trees scheduled for removal had already been felled on the avenue, according to a survey by the Juizado Volante Ambiental (Juvam).
When analyzing the request, the judge highlighted the environmental and climate impacts of the mass removal of urban trees, especially in a city marked by high temperatures.
“In Cuiabá, a city that regularly records temperatures close to 40°C and which is among the Brazilian capitals with the highest urban heat index, the loss of adult trees represents direct and immediate damage to the health and quality of life of the community, with impacts that will last for decades”, wrote the judge.
To ensure compliance with the decision, a personal fine of R$50,000 was imposed on the municipal secretary of Works, Reginaldo Teixeira, if the removal of trees continues.
On the other hand, the judge denied, at this time, the Public Prosecutor's Office's request to suspend all tree suppression authorizations granted by the Municipality.
According to him, the measure has a broad scope and can affect situations in which the removal of trees is technically necessary.
“The extent of the requested measure is disproportionate to the summary cognition stage typical of this phase, as it would indiscriminately affect administrative acts that may have met the appropriate technical criteria, including authorizations preceded by regular environmental licensing,” highlighted the judge.