Publicado em 01/04/2019

Protocol right ruled constitutional

Last Wednesday, March 29, 2019, the special body of the Court of Appeals of the State of São Paulo ruled as constitutional the so-called protocol right.

The controversy was submitted to the Judiciary Power by virtue of a direct action of unconstitutionality filed by the Public Prosecutor’s Office of the State of São Paulo, seeking the declaration of unconstitutionality of certain provisions of the governing law of the city of São Paulo which ensure the application of the urbanistic legislation in force on the date on which the request for a constructive license was submitted to the Municipality, i.e., at the date of the protocol.

The decision restores the legal certainty necessary for the development of real estate enterprises designed under the previous legislation.