2023-10-18 17:50:00
The Federal Supreme Court (STF) determined, by an absolute majority, that the law on telecommunications antennas in Guarulhos, in the metropolitan region of São Paulo, is unconstitutional. The action was filed by the Brazilian Telecommunications Infrastructure Association (Abrintel).
These are Municipal Law 7,972/2021 and Decree 39,370/2022. The justification is that these standards dealt with issues of exclusive competence of the Union and established rates of federal competence. In September, the court made a similar decision annulling Belo Horizonte’s antenna and tower law.
Alexandre de Moraes, minister rapporteur, pointed out that the law and decree violated the federal government’s competence to establish taxes, by establishing fees for installation, sharing and operating licenses, and renewal of telecommunications infrastructure.
All ministers agreed, with the exception of Minister Edson Fachin, who had disagreements, but also agreed with the merits of the action.
Abrintel raised objections against the requirement for annual renewal of the license for telecommunications infrastructure in Guarulhos, alleging conflict with the Federal Antenna Law. In Brazil, municipalities have authority over land use, but the installation of antennas and components for mobile services is the prerogative of Anatel, which takes care of licensing and inspection.
In Brazil, legislation establishes that municipalities have jurisdiction over land use for the installation of support infrastructure, such as towers and poles. However, the installation of antennas and other electronic components related to mobile services is under the jurisdiction, licensing and supervision of Anatel.
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