Bruno Calfat Advogados obtained a favorable decision for a cooperative of waste pickers who collect recyclable materials before the 3rd Panel of the Federal Court of Appeals for the 5th Region (TRF5), in the judgment of an interlocutory appeal filed against a lower court ruling that had denied the cooperative’s request for urgent injunctive relief.
In the underlying civil class action, the first-instance court had denied the cooperative’s request for a preliminary injunction seeking to compel the federal environmental agency (IBAMA) to review environmental licenses issued by the State Environmental Administration of Sergipe (ADEMA) for the Waste Treatment Centers (CTR) located in the municipalities of Itaporanga d’Ajuda and Itabaiana.
Upon review of the appeal, the 3rd Panel of TRF5 recognized evidence suggesting irregularities in the environmental licenses granted, as well as the existence of significant environmental damage. These findings justified, on an exceptional basis, IBAMA’s intervention in the environmental licensing procedures, thus granting the cooperative’s request.