MPPB contests in STF the request from the City Hall of João Pessoa to relax the Gabarito Law
The Public Ministry of Paraíba (MPPB) has contested the City Hall of João Pessoa's request to suspend a court ruling that declared a portion of the land use law unconstitutional, which allowed taller buildings along the city's coastline.
The Public Ministry of Paraíba (MPPB) has officially contested a request made by the City Hall of João Pessoa to the Supreme Federal Court (STF). This request aims to suspend a previous ruling by the Paraíba State Court, which deemed a specific clause of the Land Use and Occupation Law (Luos) unconstitutional. This clause had allowed for increased heights of construction along the coastal areas of the capital. The case is currently under the purview of STF President Edson Fachin.
In the response submitted to the court, MPPB's Attorney General, Leonardo Quintans, argued in favor of upholding the decision made by the State Court of Justice of Paraíba (TJPB). The court's ruling found the article 62 of Luos to violate the constitutional guidelines concerning building heights. This legal battle highlights the tension between urban development policies and constitutional law regarding coastal preservation in João Pessoa.
The MPPB has pointed out that the municipal law exhibited material defects by allowing constructions that contravene the height regulations established in the constitution. The outcome of this case is significant as it could set precedents for future urban planning and environmental sustainability measures in Brazilian coastal cities, putting local governance and public interest against development interests.