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Appeal on municipal laws forbidding plastic bags has general repercussion

Friday, November 03, 2017

The Virtual Plenary of the Brazilian Federal Supreme Court (STF) unanimously held that there is general repercussion in the matter dealt with in Extraordinary Appeal (RE) 732686, which discusses the constitutionality of a law of the Municipality of Marília (SP) that requires the replacement of plastic bags by biodegradable material. According to the rapporteur of the RE, Justice Luiz Fux, the issue requires a definite position of the STF, "for pacification of relations and, consequently, to bring legal certainty to the courts", since there are several cases in which a smiliar matter is discussed.

The appeal was filed by the Prosecutor General of São Paulo against a ruling by the São Paulo State Court of Justice (TJ-SP) that considered a municipal act unconstitutional, as a result of a bill filed by a councilor, when it should have been initiated by the mayor.

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