Notícias


2014 - The reduction of electromagnetic pollution determined by the Judiciary of São Paulo, can become a leading case in trial by the Supreme Court. 

The Brazilian judiciary, in an unprecedented decision, decided to reduce the levels of electromagnetic pollution generated by transmission lines of electric power to the levels proposed by the Swiss law. (Civil Appeal No. 67 9.203-5/5-00 2008, dated 31st July, 2008).  

Decision of the Court of São Paulo - the largest city in the country - ruled that electric utility reduces the electromagnetic field generated by power lines that pass through two important districts of the capital.

The judgment gave effect to the provisions of the Brazilian Federal Constitution (articles 5 and 225) which enshrines the protection of health and a balanced environment.

The action was filed by two local residents' associations in defense of the right of their two neighborhoods "City Boaçava" and "Alto dos Pinheiros" residents not being exposed to electromagnetic fields incompatible with the preservation of human health.

The electromagnetic fields generated by power lines crossing over those neighborhoods have higher levels up to 100 times determined by the decision, being superior even to those recommended by the ICNIRP for workers whose exposure to them is no more than a few hours daily .

The decision makes effective the precautionary principle - enshrined in the 1992 Rio Declaration (on Environment and Development) - ECO 92 - designed to protect the public from damage to health and the environment . 

The majority opinion was delivered by the Associate Judge Renato Nalini - exponent of Brazilian judiciary, with several published works on environmental protection - and was adopted by a majority of the Special Chamber of the Environment Court of São Paulo. He recognizes "the great possibility of low frequency electromagnetic fields be carcinogenic agents for humans."

The judgment that widely considered foreign law on the subject, international research and expert opinion offered by Professors from the University of São Paulo and the pioneering book on the subject in Brazil written by Professor Elza Antonia Pereira Cunha and Fernando Boiteux Netto Boiteux concludes that: 

"Obligation of the electricity concessionaire to reduce the electromagnetic field of the power line to 1μT (one microtesla)" 

Another important book just published by Professor Martin Blank who attended the Public Hearing on Electromagnetic Field held on March 6th, 7th and 8th, 2013: Overpowered : The Dangers of Electromagnetic Radiation ( EMF ) and What You Can Do About It (2014). 

Professor Martin Blank is a PhD in Physiology and Biophysics from Columbia University and his research examined the effects of electromagnetic radiation on health. 

The decision of the Court in SP, as well as the holding of the Public Hearing puts the Brazilian judiciary at the same level of other international courts in defense of the environment. (Extraordinary Appeal No. 627.189/SP - latest procedure on March 10th, 2014).