Gas station is closed by decision of the Court in Maranhão The Court ordered the closure of the Século Futuro Gasoline Station, located at Avenida Jerônimo de Albuquerque, nº 55, in the Bequimão neighborhood, in São Luís, and declared null the construction permit, the Installation License, the Operation License and any other precarious authorization for the operation of the enterprise. The decision also requires the demolition of structures built in violation of urban planning legislation. The sentence was handed down by judge Douglas de Melo Martins, from the Court of Diffuse and Collective Interests of São Luís, upon accepting an action by the Public Ministry of Maranhão (MP-MA). ? Click here and subscribe to the g1 Maranhão channel on WhatsApp According to the magistrate, the station was built in an area considered unbuildable, without respecting the minimum setback of 30 meters from the public road provided for in Municipal Law No. 3,253/1992, which deals with the capital's urban zoning. Court orders the closure of a gas station in São Luís and orders the demolition of irregular structures Reproduction/TV Mirante In addition to the definitive suspension of activities on site, the company must demolish all structures and buildings that do not respect the mandatory setback, including the metal roof, supply islands, underground tanks and a three-story building made from containers. The deadline to comply with the determination is 90 days. During this period, the person responsible for the project must also remove all the rubble generated by the demolition, restore the sidewalk and reestablish the tactile floor that guarantees access to the Maranhão School for the Blind. The decision also determines that the Municipality of São Luís immediately bans the station's activities and prohibits the municipal administration from granting new construction permits, "Habite-se", environmental licenses or operating permits for fuel sales on the property. Sought by g1, the administration of the Século Futuro Gas Station has not yet commented on the decision. Irregularities In the action, the Public Prosecutor's Office argued that the station was installed in violation of municipal legislation, both in relation to the minimum setback required and the location of the project. According to the agency, the establishment also failed to comply with the minimum distance of one thousand meters in relation to existing gas stations and invaded the security area of ??establishments considered sensitive, such as the Maranhão School for the Blind, located on the border of the land, and a large private hospital, located in front of the property. During the process, it was demonstrated that the project violated Municipal Law No. 3,253/1992, on land use and occupation, and Municipal Law No. 226/2010, which establishes criteria for the licensing of gas stations with the aim of reducing risks to the safety of the population. According to the sentence, in addition to the irregular distance from the public road, the station was installed very close to two other establishments in the same sector and started to operate a few meters from an institution dedicated to serving people with visual impairments and a hospital complex. Defense The company responsible for the station claimed that it operated regularly because it had obtained environmental licenses, construction permits and land use certificates issued by municipal bodies. In rejecting the argument, the judge stated that the legality of an enterprise that sells flammable products depends on compliance with legislation, regardless of the issuance of licenses by public authorities. "The principle of protecting legitimate expectations and the good faith of the individual do not apply to situations consolidated under flagrant illegalities", stated the judge. In the decision, Douglas de Melo Martins added that allowing the activity to continue based on licenses considered invalid would mean placing economic interests above collective security. "Admitting that the issuance of licenses riddled with formal and material nullity generates an acquired right to continue the activity would be equivalent to confirming the supremacy of private economic interests over the security and well-being of the community", he concluded.