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STF also allows continuation of sanitary landfills in Permanent Preservation Areas (APPs), provided licensing conditions are met
On Thursday (24), the Supreme Federal Court (STF) partially upheld the motions for clarification filed by the Office of the Attorney General (AGU) in the Direct Action of Unconstitutionality (ADI) 4901, concerning provisions of the Forestry Code, Law No. 12,651/2012.
On this occasion, the Court confirmed the constitutionality of Article 48, §2, of the aforementioned law, determining that environmental compensation for cases of Legal Reserve deficit must occur in areas within the same biome. In its initial ruling in 2018, the STF had referenced "ecological identity"; however, in this revised understanding, the Court adopted "biome" as the compensatory criterion, aligning with the Forestry Code's own provisions.
Additionally, the ruling allowed for the continuation of sanitary landfills already installed in Permanent Preservation Areas (APPs), or those in the process of installation, provided they operate within the pre-established timeframe and comply with environmental licensing regulations. It was also determined that, following the closure of these units, removing deposited material will not be required, as reforestation of the area remains a viable option.
In the 2018 ruling, the Court had previously found the continued presence of landfills in APPs unconstitutional, which would have led to significant social and economic impact from the shutdown of these operations.
Thus, sanitary landfills may remain in these areas. However, it is essential to emphasize the need to protect APPs, as new commercial projects must adhere to preservation requirements under Federal Law No. 12,651/2012.
It is noteworthy that ADI 4901 was joined with other actions—ADI 4902, 4903, 4937, and ADC 42—all examining the constitutionality of provisions within the Forestry Code.
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