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Campos Gerais

Municipal government tries to repeal law that provides for garbage trucks in Arapoti neighborhoods

After having the veto overturned by the Municipal Chamber, Executive filed a lawsuit against the Paraná State Justice Court to challenge the law

Prefeitura tenta derrubar lei que prevê caçambas nos bairros de Arapoti
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A law that provides for the provision of buckets for the disposal of debris and building materials in the neighborhoods of Arapoti, in the Campos Gerais, became the reason for a judicial dispute between the City Hall and Câmara Municipal. The mayor has appealed to the Court of Justice of the Paraná (TJPR) to try to overturn the legislation, passed by the councilors after the rejection of a veto from the Executive.

The BnT Online had access to documents that it processes in the Special Body of the TJPR. The process questions the validity of the Lei Municipal no 2.437/2026, which establishes the availability of buckets for the disposal of waste in existing ecopoints in the neighborhoods of the city.

The City Council argues that the legislation creates administrative obligations and expenses for the municipality without the prior realization of technical and financial studies. The Executive also maintains that the initiative interferes with duties that would be the responsibility of the mayor.

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In February, the court denied the request for an immediate suspension of the law. However, the decision did not close the discussion on the constitutionality of the norm, which continues to be analyzed by the Court.

The law provides for buckets to dispose of rubble

Lei Municipal No. 2.437/2026 was enacted by the House of Arapoti on January 14, after councilors rejected the full veto submitted by the mayor. According to Cleyton Dionathas Garcia, the legislation provides for the provision of buckets for the disposal of debris, solid waste and construction materials in ecopoints already established in the neighborhoods.

The norm assigns to the municipality the responsibility for the installation and maintenance of the equipment, including the definition of the appropriate locations and the frequency of service. It also provides for the possibility of carrying out environmental awareness campaigns, with guidelines on the proper disposal of waste and the separation of recyclable materials.

The City Council questions costs and responsibilities.

In the action brought before the Court of Justice, the municipal executive argues that the law establishes obligations that may generate additional expenses to the public administration. Among the responsibilities pointed out by the City Hall are the installation of buckets, maintenance, periodic collection, cleaning and possible hiring of personnel for the execution of the service.

According to the argument presented in the action, the project was vetoed in its entirety because it did not present a budgetary forecast or technical and financial studies that demonstrated the feasibility of the measure. The Executive also maintains that the legislation interferes in the administrative organization and functioning of the municipal secretariats, especially in the areas of Health and Meio Ambiente.

Another argument presented is that the creation of a specific mechanism for waste disposal could harm the management of the municipal system of collection and disposal of materials. On those grounds, the mayor asked TJPR to suspend the effects of the law until the final judgment of the action.

Justice denied request for immediate suspension

In a decision dated February 11, 2026, Luiz Carlos Gabardo, the rapporteur of the case, denied the request for precautionary measure submitted by the Executive. The magistrate considered that the City Hall did not demonstrate a situation of extraordinary urgency that justified the immediate suspension of the legislation.

The decision stressed that the fear of possible administrative, political, civil or criminal sanctions was not accompanied by the concrete demonstration of a serious and imminent danger. The delegator also pointed out that, at that time, he was not analyzing the merits of the arguments presented by the mayor.

Thus, the refusal of the injunction does not represent a definitive decision on the constitutionality of the law. The rapporteur determined that the action should proceed by the abbreviated rite, with the aim of accelerating the final analysis of the controversy.

Court wants to know how rubbish disposal works in Arapoti

In April, the bailiff requested further clarifications from the Executive on the existing solid waste collection and disposal structure in the municipality. Among the questions presented by the Court were the existence of buckets in the municipal ecopoint and the possibility of disposing of debris and construction materials in the structures already available.

The magistrate also requested information on the operation of the solid waste management service instituted by Lei Municipal no 2.275/2023. The request seeks to clarify whether the previously existing legislation already contemplates the services provided by the new law and how the disposal of these materials is carried out in Arapoti.

The case is under consideration in the Court of Justice

The most recent document made available to BnT Online is an order dated June 9, 2026. In it, the decree-lawyer Luiz Carlos Gabardo determined that the Câmara Municipal de Arapoti and, subsequently, the State of Paraná should express themselves on the clarifications presented by the mayor.

The magistrate set a period of ten days for the demonstrations and determined that, afterward, the case would be referred back to the Attorney General’s Office, also for a period of ten days. After these steps, the documents should return to the rapporteur for further analysis.

Until the last decision presented in the documents, there was no definitive judgment on the constitutionality of the law. There is also no confirmation in the files analyzed that the municipality has effectively installed the buckets provided for in the legislation or that a new judicial decision has occurred after June.

The discussion remains related to the validity of the standard that establishes the service and the responsibilities of the Executive in the availability of structures intended for waste disposal in the neighborhoods of Arapoti.

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Heryvelton Martins
Author
Heryvelton Martins
Jornalista formado pela Universidade Estadual de Ponta Grossa (UEPG) com experiência em jornalismo diário e cobertura política da região dos Campos Gerais do Paraná.
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