The Court of Justice of the State of São Paulo (TJSP) accepted the request of the Public Ministry (MPSP) and stopped the felling of trees located on Avenida Guilherme Dumont Villares, in Butantá, west of the capital, São Paulo. In addition to the interruption, on Monday (1/12), the court decided a daily fine of 10,000 Brazilian reais in the event of non-compliance with the decision.
The demolition is part of the license that Construtora Tenda obtained from the São Paulo City Council to build the Max Vila Sônia residential complex. The Ricardo Nunes administration (MDB) signed the Environmental Commitment Agreement (TCA), which stipulates the deforestation of 384 trees to build four nine-storey towers, with about 700 apartments.
After a request to stop cutting forests submitted by parliamentarians from the PSol party and an action from the MPSP, the court decided, last Friday (28/11), to issue an injunction to suspend the license granted by the municipal administration. However, Judge Selina Kiyomi Toyoshima rejected the request to stop the works completely and Tenda can continue building the residential complex, as long as it does not affect the remaining trees on the site.
“Given the need to protect the environment, as well as the eventual irreversibility of the felling of trees, the injunction is strictly granted. I grant the injunction suspending the effects of Order No. 1468625, signed by the Municipal Secretary for Ecology and Ecology, ordering the cessation of the felling of trees located on Avenue Dr. Guilherme Dumont Villares,” the judge wrote.
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The judge also responded to a new request from politicians to set a daily fine of R$10,000 in case of non-compliance with the injunction. “Therefore, for the purpose of implementing the measure, I set a daily fine of R$10,000, for each day of non-compliance, limited to a fine of 50 days,” he added.
In addition to the 128 native trees, five invasive trees, 226 exotic trees and 25 already dead trees will be removed. The logging started on November 26 and part of the nature has already been deforested.
Environmental compensation
To sign the TCA, Tenda committed to compensate for the removed vegetation by planting 221 seedlings of native species in the same area. Despite the agreement, the court understood that the measure did not replace the damage to the environment.
The company also agreed to transfer approximately R$2.5 million to the Special Fund for Environment and Sustainable Development (Fema), linked to the Municipal Secretariat for the Green Environment. The amount should be invested in green areas of the city.
“The construction company informs that the project for the Max Vila Sônia project has been duly approved by the São Paulo City Council, with regular processing with the Municipal Housing Secretariat and the Green Environment Secretariat. It also highlights that the approval process included the compensation of trees through planting in the project itself and with the Special Environmental Fund, as determined by municipal legislation,” he explained in a note.
Required by CapitalsThe City Council “fully opposes the logging of trees in the city in operations that do not respect municipal, state and federal environmental laws,” the Secretariat of Ecology and Ecology stated. However, the Ministry notes that Environmental Commitment Clause No. 245/2025 was signed in May this year because it is a legal obligation for the municipality to comply with environmental legislation.
He concluded that it “establishes strict compensation for the management of 384 trees on the site, namely: planting 221 trees in the project area, implementing green sidewalks around the site, and depositing approximately R$ 2.5 million in the Special Fund for Environment and Sustainable Development (FEMA).”
When asked about the new court decision, Construtora Tenda has not yet commented on the matter. The space remains open.