Mar 13 • 22:13 UTC 🇧🇷 Brazil G1 (PT)

STF releases construction works initiated based on article of land law declared unconstitutional by TJPB, in João Pessoa

The Brazilian Supreme Court has permitted construction works in João Pessoa that were based on a now-declared unconstitutional article of the land law.

The Brazilian Supreme Court (STF) has granted permission for construction projects in João Pessoa that were initiated under Article 62 of the Land Use and Occupation Law (LUOS). This decision came from Minister Luiz Edson Fachin on Friday, counter to an earlier ruling by the Paraíba State Court (TJPB), which had declared this specific article unconstitutional despite affirming the overall validity of the law. Article 62 had provided flexibility regarding building height regulations in the coastal areas of the city, leading to a legal dispute by the municipality involving the implications of this decision.

In January 2026, the TJPB ruled not to invalidate the entire LUOS but specifically targeted Article 62, which led to concerns about its impact on existing and future construction projects. The local administration of João Pessoa then decided to contest the constitutionality issue of this article, pushing the matter up to the STF. The high court's ruling has temporarily alleviated uncertainties regarding the city’s construction practices allowed under the contested law, emphasizing the practical ramifications of enforcing such a strict constitutional interpretation.

Minister Fachin highlighted potential adverse effects on administrative and economic activities in João Pessoa if the rule were revoked without a transition. This decision suggests a cautious approach by the judiciary, recognizing the need for a balanced oversight concerning urban planning and construction laws, especially when development may rely on legal ambiguities that were once thought to have been resolved.

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