Em sessão realizada nesta terça-feira (1º), a 2ª Câmara Cível do Tribunal de Justiça do Maranhão (TJ-MA) manteve decisão do juízo da 5ª Vara Cível de São Luís, que determinou ao Estado do Maranhão a cassação de todos os alvarás, licenças e autorizações em favor do Serviço Brasileiro de Apoio às Micro e Pequenas Empresas (Sebrae) para realização de shows e similares na área externa do Multicenter Sebrae, na avenida Jerônimo de Albuquerque, sob pena de multa diária no valor de R$ 20 mil.
A decisão se deu em Ação Civil Pública ajuizada pelo Ministério Público Multicenter Sebraedo Estado (MPE) contra o Sebrae/MA e contra o Estado do Maranhão, requerendo a interdição do local, salvo se promovido o isolamento acústico, tendo em vista as sérias consequências que a poluição sonora pode causar à saúde da população.
Em recurso necessário relatado pelo desembargador Marcelo Carvalho, foi ressaltada a legitimidade do MPE na proteção aos interesses difusos da sociedade alusivos ao meio ambiente, por meio da ação civil pública e com base no sistema constitucional, em razão de um interesse maior e para evitar danos.
O desembargador destacou que os eventos musicais realizados no local trazem danos à saúde e à tranquilidade pública por causa da poluição sonora, principalmente porque ocorrem no período noturno e entram pela madrugada, perturbando o sono de moradores de vários bairros da cidade, como Cohafuma, Altos do Calhau, Calhau, Vinhais, entre outros.
Do Tribunal de Justiça
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