Category: Articles

1. The system called BRT (Bus Rapid Transit) was implemented in the city in the 70s of the last century. It is considered a “successful” model. The city is divided into several road axes to allow the traffic of hundreds of bi-articulated buses , exclusive channels for their circulation. There are the following routes: southwest (boqueirão), north (Santa Cândida), south (Pinheirinho), east Centenário to Pinhais and west (Campo Comprido), among others.[1]
2. However, this passenger transport system generates collateral damage to the city and its residents.
3. The noise and environmental sound pollution of these buses and the damage caused to the neighborhood (see: residential areas adjacent to the bus lanes and the respective terminals) are simply ignored by the local environmental and traffic agencies.
4. At every interval of 5 (five) minutes to up to 10 (ten minutes) bus noise is felt within residential and commercial environments, during the morning, afternoon and night, including holidays and weekends. The situation is aggravated by the system of acceleration of the buses’ engines when going uphill.
5. Day by day, month by month, year and year, one can see in the city of Curitiba the environmental degradation caused by the emission of noise from buses in the collective passenger transport system.
6. The degradation of traffic quality implies environmental degradation and, consequently, the degradation of the quality of life in the city.[2]
7. The Encyclical Letter Pope Francis’ Laudato Si on Caring for the Commons highlights the importance of environmental quality for life.[3]
8. Also, damage to environmental health caused by noise from buses in the passenger transport system.
9. Mechanical noises from buses impact the many system: cognitive,  cardiovascular, digestive, nervous and sleep. Noise generates stress to the human body.

According the World Health Organization the maximum of noise  must be 53 dB  during the day and 45 db during the night.

1. The limit situation for health is a maximum of 53 dB (fifty three decibels) during the day and 45 dB (forty five decibels) during the night,  according to the WHO. More Above this value there is discomfort and risks to physical health, hearing health, mental health, etc. And the situation is aggravated for the health condition of heart patients, people and health treatment, patients with anxiety and depression disorders, autistic people, the elderly, babies, among other vulnerable groups.
2. And even at night, the damage to public health is greater as noise disrupts sleep and sleep quality. Scientific studies show serious effects on sleep quality due to noise and noise pollution.[4]
3. Both air pollution and noise pollution from traffic compromise the environmental quality and quality of life, and residential quality of people living in the vicinity of public transport corridors.
4. Noise and environmental noise pollution from buses cause degradation of environmental quality and, consequently, of quality of life.
5. The quality of life in the residential environment and/or urban environment is incompatible with the presence of bus noise from passenger transport.
6. They are, therefore, a disservice to the city of Curitiba, making it a dirty, unhealthy and unsustainable city.
7. Systemic noise and environmental noise pollution impact the urban environment, the residential environment, the work environment, the school environment, the hospital environment, among others. There are noises in the morning, afternoon and night, at all hours.
8. With the coronavirus pandemic and the post-pandemic period, the absolute relevance of public health, environmental health and mental health in cities became evident. And the need for changes for the public sector, providing quality public services, to ensure environmental quality and environmental safety, in the face of epidemiological risks.
9. Well, we are experiencing an epidemic of noise from passenger transport buses in the city. It is an epidemiological scenario that impacts public health and environmental health.
10. And the problem with noise is its exponential scale, that is, the increase, for example, of 3 dB (three decibels) increases the perception of noise intensity. Sound pressure is measured in decibels. [5]
11. However, the decibel alone does not show the intensity of the discomfort caused by noise to humans. Then, it’s necessary to measure the quality and wellness in  residential environment and urban environment. 

17. The World Health Organization advises that noise above 50 dB (fifty decibels) causes damage to environmental health, hearing health, mental health, occupational health, etc.

18. More precisely, the World Health Organization establishes the following traffic noise limit for health protection – 53 dB (fifty-three decibels) during the day and 45 dB (forty-five decibels) during the night.

19. Curitiba’s passenger transport system does not meet the recommendation of the World Health Organization for the limit situation of decibels, during the day and night.

20. For this reason, it is urgently necessary for the city of Curitiba to adapt to the recommendation of  WHO health protection standard.

21. In 2022, the UN published Resolution no. 76 on the right to a clean, healthy and sustainable environment. Considering this Resolution, it is clear that the public transport system denies the right to clean, healthy and sustainable, free of noise and environmental noise pollution.

22. The United Nations has the goals of sustainable development: health and well-being (goal 3), quality education (goal 4), decent work (goal 8), industry, innovation and infrastructure (goal 9), cities and sustainable communities (goal 11), responsible consumption and production (goal 12).

23. Now, if Curitiba intends to align itself with the objectives of sustainable development, it must also include the fight against environmental noise pollution caused by buses that transport passengers. To become a clean, smart, healthy and sustainable city, Curitiba must combat the noise of passenger transport buses.

24. The Organization for Economic Co-operation and Development  deals with the topic in the study How’s life ? 2020. Measuring wellness . Also, the study shows that subjective well-being is an indicator of quality of life. The Organization for Economic Cooperation and Development has studies on environmental quality and its relationship with quality of life and subjective well [6]-being . 

25. Scientific research points to the loss of quality of life and health due to noise and environmental noise pollution. [7]It is evident that there is no environmental quality and quality of life with mechanical noise and environmental noise pollution. Also, scientific studies point out the biological effects caused by noise pollution and the risks to people’s health. See: World Health Organization, Regional Office for Europe. Biological mechanisms related to cardiovascular and metabolic effects by environmental noise, per Charlotte Eriksson and others. See also : Burden of disease from environmental noise. Quantification of healthy life years lost in Europe , World Health Organization, European commission. See also : European Environmental Agency: Projected health impacts from transportation noise – exploring two scenarios for 2030 , Nuria Blaneas et al., ETC-Report 2022. See : Transport Noise. How it affects our health and wellbeing. Institute of Acoustics.   And Blanes, Nuria. Projected health impact from transportation noise – exploring two scenarios for 2030 , European Environmental Agency.  On the quantification of healthy life years lost in Europe due to environmental noise, see: Burden of disease from environmental noise , World Health Organization , Regional Office for Europe , 2011. See: Review of evidence relating to environment noise exposure and annoyance, sleep disturbance, cardio-vascular and metabolic health outcome in the context of Interdepartmental Group on Costs and Benefits Noise Subject Group, from the National Institute for Public Health and the Environment, Ministry of Health, Welfare and Sport of the Netherlands , 2019. See : Environmental Noise Guidelines for the European Regional, World Health Organization, Regional Office for Europe. See: Environmental noise in Europe, 2020, European Environment Agency. To see Noises, blases and mismatches. Emerging issues of environment concern . UN: environment programme , Frontiers, 2002. See also : European Commission , Assessment of potential health benefits of noise abatement measures in the EU , March 2021. See : Healthy environment, healthy lifes : how the environment influences health and well-being in Europe , European Environment Agency, 2019. See also Ribas, Angela . Doctoral thesis Reflections on the sound environment of the city of Curitiba: the perception of urban noise and its effects on the quality of  lives of residents of special structural sectors, doctoral thesis defended at the Federal University of Paraná.

26. With regard to the issue of noise and its impact on public health, the Public Ministry of São Paulo held a public hearing in the city of São Paulo, with  the participation of various entities and citizens interested in the subject.[8] 

Devaluation of real estate in areas degraded by noise and environmental noise pollution .

27. Economic studies point to the devaluation of real estate in environments polluted by noise, even noisy neighborhoods are a factor in property depreciation.

28. On the subject, consult Elisabete MM Arsenio  and his work The Valuation of environmental externalities : a states preference case study on traffic noise in Lisbon , thesis presented before the University of Leeds and Institute for Transport Studies in 2002.

29. The author describes the environmental value of urban stillness and the environmental damage caused by traffic noise pollution in the city of Lisbon. It describes the damage caused to the residential environment by transport noise pollution.

30. The author points out the factors for measuring environmental damage: area of the residential environment impacted by noise pollution (work area, rest areas, rest areas, leisure areas, study areas, among others), length of stay of residents in the local environment, the number of people residing in the property, the proximity of the area affected by noise pollution in front of the street, the level of education of the residents of the property, the type of street through which the traffic occurs, the usual work or study in the residence, the opening of windows during summer and autumn, number of years of residents living in the property, among other criteria.

31. Thus, the plaintiff concludes that the environmental degradation caused by traffic noise pollution is a factor in the devaluation of the property. When the environmental surroundings of the property are affected by noise pollution, there is a devaluation of the property, as it impacts its use value and non -use value .

32. The author suggests compensation for environmental damage to the population exposed to noise pollution. One of the criteria of the valuation methodology is the hedonic method, including the use value of the non-use value of the property. In the evaluation, the impact on the indoor and outdoor environment of the property is considered. Noise pollution is considered a negative externality to the transit and transport system.

33. Chia-Jena Yu, in his work Environmentally sustainable acoustics in urban residential areas, thesis before the Sheffield Faculty of Architecture, highlights the impact of traffic  on residential areas, differentiating the environmental noise pollution of light, medium and heavy vehicles. The author defends the integration of acoustic urban sustainability with urban policy and residential policy.

34. For these reasons, the city of Curitiba must adopt measures to mitigate bus noise for passenger transport, to prevent continuous environmental noise pollution from becoming a factor in the devaluation of properties close to public roads where buses circulate.

Noise and environmental noise pollution from passenger transport buses offend several fundamental rights.

35. As can be seen from the law, any sounds, noises and vibrations that cause nuisance, beyond any legal limits, are prohibited.

36 . In addition, when it comes to the protection of fundamental rights, the municipal law must be interpreted to guarantee the maximum protection of the fundamental rights to quality of life , health , rest , work and the environment.

37. There are several fundamental rights affected by noise and noise pollution from public passenger transport buses.

38. There is injury to the  right to quality of life , which is affected by mechanical noise Residents in their own homes lose the conditions of normal use of their homes and property.

39. Another injury is the right to health, which is seriously impacted by the construction noise. In a pandemic and post-pandemic period, in a moment of high stress, noise ends up aggravating the health of people who live in the vicinity of the work. There is damage to physical and mental health caused by noise, aggravating states of stress and anxiety.

40. Another fundamental right violated is the right to work , affecting cognition and productivity. People who work from home are affected by noise pollution from buses. Not only that, condominium workers are also affected by the noise pollution of the work.

41. There is also the injury to the right to rest and well-being , people are unable to relax in their own home due to noise pollution, which occurs every week of the year.

42. Noise and environmental noise pollution from buses significantly impacts the human environment. The human environment where the neighbors live to the public roads where the buses circulate.

43. In summary: noise and noise pollution  cause acoustic environmental damage, causing degradation of the environmental quality where the neighborhood community lives.

44. There is damage to the ecological dimension of the principle of human dignity . The residential environment of the home is the person’s sacred environment, it is the refuge, the habitat, the shelter and, however, it is the target of noise pollution.

45 . Another point to note is the right to a culture of urban stillness, which protects the external environment and the residential environment.

46 . Citizens have the right to urban quiet, without the noise of buses.

47 . There is the right to sound environmental sustainability, in order to combat acoustic environmental degradation in cities.

48. Therefore, it is inadmissible the disregard of the Municipality of Curitiba for the protection of fundamental rights impacted by the excessive noise of passenger transport buses.

Right to the soundscape of the city, without environmental noise pollution.

49. Here, we are going to address the soundscape of the city. There is no adequate perception of the influence of noise and noise pollution in cities. The environment is contaminated by noise, which affects environmental quality and environmental health and, of course, human, physical and mental health. This contaminated soundscape affects the “psychological landscape” of the person.

50. Noise generates stress in the human body.

51. The mechanosphere and/or technosphere  it is a factor of acoustic contamination of the biosphere . Therefore, acoustic polluting buses cause the loss of environmental quality and also the loss of health. The literature is very rich in the understanding of this theme. Likewise, noise and noise pollution destroy fauna biodiversity, mainly impacting birds. But there is also the impact  on animal health and well-being, mainly dogs and cats, with greater hearing than human hearing.

52. On mechanical noise, see: Bijsterveld , Karin. Mechanical Sound. Technology, culture and public problems of noise in the twentieth century . Massachusetts Institute of Technology, 2008. On the mechanization of life and cities, see: Gidion . Mechanization takes command. A contribution to anonymous history . Minneapolis, University of Minnesota Press, 2017. 

53. On the notion of acoustic space , see Marshall McLuhmann . Here, the author explains that sound is related to hearing, an organ of contact, of interconnection with the environment.

54. On the notion of acoustic atmosphere , see: Bohme , Gernot . Atmospheric Architectures. The aesthetics of felt spaces , edited and translated by A. Chr. Engels- Schwarzpaul . Bloombsbury , Berlin, 2017.

55. On urban atmosphere, see: Niels Abertsen , Urban atmospheres , ambiences , redecouvertes . About the story acoustics , see : Francisco Aletta and Jiang Kang: Historical acoustics relationships between people and sound over time . Basel: MPDPI, 2020.

56. In Brazil, on soundscape , we have the following works: Oliveira, Marcio Luis , Custódio e Maraluce , M. Lima, Carolina Carneiro. Law and landscape. The affirmation of an individual and diffuse fundamental right. Belo Horizonte: Editora D’Plácido , 2017. Also, see:  Custódio, Maraluce , Santos, Fernando Barotti and Máximo, Maria Flávia (organizers). Landscape law. Legal and interdisciplinary aspects . Belo Horizonte, São Paulo: D’Plácido , 2021. On cultural landscapes, see: Andreotti , Cultural landscapes , Curitiba: Editora UFPR, 2013.

57. On the environmental and aesthetic value of quiet spaces, see: Bentley , clive. Tranquil Spaces, measuring the tranquility of public spaces . Suffolk: Sharps Redmore Press, 2019.

58. Urban auditory aesthetics is an environmental quality, associated with environmental health and auditory well-being.

59. One of the factors to be respected in urban, environmental, health, educational and cultural policy in cities.

Noise and environmental noise pollution from passenger transport buses violate the Federal Constitution

60. The city of Curitiba, by not containing the environmental noise pollution from passenger transport buses, acts in disagreement with the Federal Constitution.

61. The Federal Constitution guarantees the right to a healthy, ecologically balanced environment. To ensure the effectiveness of the right to an ecologically balanced environment, public authorities must: preserve and restore essential ecological processes and promote the ecological management of species and ecosystems (article 225, paragraph 1),  require, in accordance with the law, for the installation of work or activities potentially causing significant degradation of the environment, a prior study of the environmental impact, which will be publicized (article 225, IV), control production, commercialization, employment of techniques, methods and substances that pose a risk to life, quality of life and the environment (article 225, V), promote environmental education at all levels of education and public awareness for the preservation of the environment (article 225).

62. According to the Constitution: “Conducts and activities harmful to the environment will subject violators, natural or legal persons, to criminal and administrative sanctions, regardless of the obligation to repair the damage caused” (art. 225, §3º).

63. As principles of the economic order, the Constitution establishes: “protection of the environment , including through differentiated treatment according to the environmental impact of products and services and their preparation and delivery processes ” ( article 170, item VI).

64. There is also an entire constitutional chapter dedicated to science, technology and innovation, articles 218 to 219.

65. According to article 219-B: “The national system of science, technology and innovation will be organized in a collaboration regime between entities, both public and private, with a view to promoting scientific and technological development and innovation” .

66. And yet article 291 provides that the internal market is part of the national heritage and will be encouraged in order to enable cultural and socioeconomic development, the well-being of the population and the technological autonomy of the country, under the terms of the law” .

67. Now, we currently have a situation of unconstitutionality due to omission in environmental inspection.

68. There is also a pattern of acoustic inefficiency, allowing the indiscriminate proliferation of machines, tools, equipment and vehicles that pollute noise.

69. For this reason, it is essential that the law encourage technological innovation to implement the principle of acoustic efficiency and defend acoustic environmental sustainability.

70. Regarding the responsibility of public authorities, the Constitution defines: “legal entities governed by public law and those governed by private law providing public services shall be liable for damages that their agents, in that capacity, cause to third parties, ensuring the right of recourse against the responsible in cases of intent or negligence”, art. 37, §6º.

71. Jurisprudence determines that environmental responsibility is objective. In this case, both the public authorities and the concessionaire of the public service of collective passenger transport have environmental responsibility for the environmental damage caused to the city’s population. On the subject, see the article: Souza, Renato Ferreira and Souza, Claudete. Civil liability on noise pollution by public transport in the metropolitan region of São Paulo, available on the internet .

Noise and noise pollution from passenger transport buses offend the Federal Environmental Law.

72. The situation in Curitiba of noise and sound pollution from passenger transport buses is offensive to the Federal Environmental Law.

73. The National Environmental Policy Law defines pollution as “degradation of environmental quality resulting from activities that directly or indirectly: a) harm the health, safety, and well-being of the population; b) create adverse conditions for social and economic activities: c) adversely affect the biota; d) affect the aesthetic or sanitary conditions of the environment; e) release matter or energy in violation of established environmental standards”.

74 . One of the principles of the national environmental policy is environmental quality.

75. Therefore, the city of Curitiba is acting in violation of the Federal Environmental Law.

Noise and noise pollution from public passenger transport buses violate the Environmental Law of Curitiba.

76 . The city of Curitiba, by failing to inspect public passenger transport services, violates its own environmental law.

77. According to Law no. 15.852/2021:

“Art. 2. For the establishment of the environmental policy, the following guidelines will be observed:

I –  interdisciplinarity in dealing with environmental issues;

II – community participation and social control in actions in defense of the environment:

(…)

IV – maintenance of a balanced environment

V – sustainable use of soil, water, flora and air”

(…)

IX – licensing, monitoring and inspection of activities or undertakings that use natural resources, potentially or effectively polluting or capable, in any way, of causing environmental degradation;

(…)

XI – promotion of environmental education aimed at the entire community, making it aware of environmental issues.

(…)

Art. 3rd. For compliance with the provisions of art. 30 of the Federal Constitution, with regard to the environment, considering the following to be of local interest:

I – encouraging the adoption of habits, customs, attitudes, values and social and economic practices that are not harmful to the environment.

(…)

V – control of atmospheric, water, noise and residual pollution levels, through licensing processes and environmental inspection;

(..)

VII – the use of police power in defense of the environment;

Art. 4th. The municipality of Curitiba, in the exercise of its constitutional competence related to the environment, is responsible for mobilizing and coordinating its actions, human, financial, material, technical and scientific resources , as well as the participation of the population in achieving the objectives and interests established in this law, and must therefore:

(…)

IV – exercise control of environmental pollution, in its different forms, through licensing, monitoring and inspection actions.

(…)

Article 42. The launch or release into the atmosphere of any type, form of matter or energy that goes against the emission standards and conditioning criteria, defined in the current legislation, is prohibited .

§1. Emission standards constitute the maximum permissible emission limits to be released into the atmosphere by potentially polluting stationary sources.

§2. Conditioning standards constitute the technical conditions of implantation or operation that must be observed by stationary sources of atmospheric pollution.

(…)

Art. 45. The Environmental Agency may require adaptations or alterations in the generating sources, so that atmospheric emissions are minimized.

Single paragraph. At the discretion of the  Environmental Agency in areas where there is a significant concentration of air pollution sources or where there are unfavorable conditions for the dispersion of pollutants, the use of energy matrices with less polluting potential may be required, for new or existing undertakings.

Art. 46. No source or set of sources potentially polluting the air may emit matter or energy into the atmosphere, in quantities and conditions that may result in average concentrations higher than the air quality standards established by current state legislation.

Single paragraph. Air quality standards are the concentrations of pollutants that, if exceeded, could affect the health, safety and well-being of the population , cause damage to flora and fauna, geodiversity , material acts and the environment in general”.

78. The Municipality of Curitiba is omitted regarding the prevention of environmental damage and repression of the behavior of the environmental noise polluter, in the case of the emission of noise by public transport buses. In this way, the Municipality becomes an indirect polluter.

79. These articles 42, 45 and 46 of Environmental Law 15.852/2021 must be applied to control noise pollution.

80. Noises are agents that attack the environment. Noise causes toxic air quality pollution. Noises are sound waves that propagate through the atmosphere in different directions. Noise is also vibrations that increase the sound pressure in the environment.

81. Environmental legislation must be interpreted to maximize the protection of fundamental rights.

82. Furthermore, the environmental legislation must be interpreted according to the principles of contemporary environmentalism : the principle of preventing environmental damage, the principle of environmental precaution, the principle of preventing environmental setbacks, the polluter pays principle, among others.[9]

Noise and noise pollution from passenger transport offend the City Statute.

83. Curitiba, by failing to monitor noise and environmental noise pollution in public passenger transport services, violates the City Statute.

84. The City Statute (Law n. 10.257/2011) establishes the guidelines for urban policy. These are norms for the discipline of urban property in favor of the collective good, security, well-being of citizens and environmental balance (art. 1, sole paragraph).

85. Urban policy aims to guarantee the right to sustainable cities (art. 2, item I), the planning of cities and economic activities in order to avoid and correct distortions of urban growth and its negative effects on the environment (article 2, IV), the ordering and control of land use (article 2, item VI), in order to avoid the inappropriate use of urban properties, the proximity of incompatible or inconvenient uses, the deterioration of urbanized areas , pollution and environmental degradation.

86. Other aspects considered in the law are the “ adoption of standards of production and consumption of goods and services  compatible with the limits of environmental, social and economic sustainability of the municipality ” (article 2, item VIII), the fair distribution of benefits and burdens resulting from the urbanization process (article 2, item VII), protection, preservation and recovery of the natural and built environment, of the cultural, historical, artistic, landscape and archeological heritage (article 2, item XII), audience of the municipal government and the population interested in the implementation processes of undertakings or activities with potentially negative effects on the natural or built environment, the comfort or safety of the population (article 2, item XIII).

87. Among the instruments of urban policy: previous study of environmental impact and previous study of neighborhood impact.

Noise and environmental sound pollution from passenger transport buses violate the Master Plan of Curitiba

88. Curitiba, by allowing noise and environmental noise pollution from public passenger transport buses, violates the Master Plan.

89. The Master Plan deals with the environmental quality of the urban space (art. 16).

90. Also, the Master Plan on natural and cultural environmental heritage contains the following rules:

“Art. 61. The municipal policy for the environment aims to promote the conservation, protection, recovery and rational use of the environment, in its natural and cultural aspects, establishing norms, incentives and restrictions to its use and occupation, aiming at environmental preservation and the sustainability of the city for present and future generations, observing the principle of prohibition of environmental retrogression”.

Art. 62. The general guidelines of the municipal environmental policy are:

XXII – gradually reduce the emission of pollutants harmful to health released into the air, soil, subsoil and water, in accordance with the Sectorial Development Plan  Environmental, observing international protocols by Brazil and current legislation;

(…)

XXIV – evaluate and monitor the performance of the municipal environmental policy through indicators and other monitoring instruments;

(…)

XXVII – promote a study of urban noise management, ensuring health and social and environmental well-being, making possible times and places for events;

XXIV – to promote the environmental comfort of the city”;

91. As can be seen, the Municipality of Curitiba violates its own Master Plan by omitting to carry out a study on the management of urban noise and promotion of the acoustic environmental comfort of the city.

National Traffic Code

92. The city of Curitiba, by failing to exercise environmental police power and traffic police power over the control of noise emissions from the collective passenger transport system, violates the Traffic Code.

93. The Brazilian Traffic Code provides:

“The traffic bodies and entities belonging to the National Traffic System will give priority in their actions to the defense of life, including the preservation of health and the environment” (. Art. 1º, §5º).

94. And the Traffic Code prescribes:

“Art. 21. It is incumbent upon the road executive bodies and entities of the Union, the States, the Federal District, the Municipalities, within the scope of their circumscription”.

(…) XIII – inspect the emission level of pollutants and noise produced by motor vehicles or their cargo, in accordance with the provisions of art. 66, in addition to supporting specific actions by local environmental agencies, when requested”.

95. The National Traffic Code continues:

“Art. 24. It is incumbent upon the transit executive bodies of the Municipalities, within the scope of their circumscription:

(…) XV – promote and participate in traffic education and safety programs in accordance with the guidelines established by CONTRAN;

(…) XVI – plan  and implement measures to reduce the circulation of vehicles and redirect traffic, with the objective of reducing the global emission of pollutants”;

(…) XX – inspect the emission level of pollutants and noise produced by motor vehicles or their cargo, in accordance with the provisions of art. 66, in addition to supporting the specific actions of the local environmental agency, when requested”.

96. And still on citizenship for the quality of traffic, the Traffic Code provides:

“Art. 72. Every citizen or civil entity has the right to request, in writing, the bodies or entities of the National Traffic System, signaling, inspection and implementation of safety equipment, as well as suggesting changes in rules, legislation and other matters relevant to this Code”.

97. And in the part related to vehicle safety:

“Art. 104. Vehicles in circulation will have their safety conditions, control of the emission of polluting gases and noise evaluated through inspection that will be mandatory, in the form and frequency established by CONTRAN for safety items and by CONAMA for the emission of polluting gases and noise”.

§5. The administrative measure of retention of vehicles that fail the safety inspection and the emission of polluting gases and noise will be applied .

(…)

“Art. 105. The following are mandatory vehicle equipment, among others to be established by CONTRAN:

(…)

V – device designed to control the emission of polluting gases and noise , according to standards established by CONTRAN” .

Curitiba law on noise, protection of well-being and public peace

98. Curitiba, by allowing excessive noise and environmental noise pollution in the public passenger transport system, violates municipal law n. 10.625/2002.

99. The law of Curitiba n. 10.625/2002, which provides for urban noise, protection of well-being and public peace, promotes noise containment. Note the following devices:

“Art. 1. It is forbidden to disturb the peace and well-being of the public with sounds, noises and vibrations that cause discomfort of any kind or that exceed the limits established in this law”.

100. And in art. 2, defines that noise pollution:

“emission of sound or noise that is, directly or indirectly, offensive or harmful to the health, safety and well-being of the community or violates the provisions set forth in this law”.

(..)

Art. 5th. The emission of sounds and noise by any industrial, commercial, service provider, religious, social, recreational and loading and unloading activities cannot exceed the sound pressure levels contained in Annex I, which is an integral part of this law”.

(..)

Art. 12. The activities potentially causing noise pollution, defined in their own regulation, depend on prior environmental licensing from the Municipal Secretary of the Environment, in order to obtain construction and operation permits ”.

Omission in environmental inspection and damage to environmental reputation  from the city of Curitiba.

101. Failure to contain noise and control environmental noise pollution damages the city’s environmental reputation.

102. Now, several cities advertise their environmental sustainability.

103. Some go further to obtain environmental sustainability indicators based on international companies.

104. However, most of this ranking of environmental sustainability does not take into account the control of noise pollution in cities.

105. Noise and noise pollution cause degradation of environmental quality and put environmental health and public health at risk.

106. Now, the scientific literature and international organizations, such as OECD, WHO, UN, consider the quality of life factor, free of noise pollution, as an indicator of well-being.

107. Noise and noise pollution in cities are the symbol of malaise and risks of damage to health. For this reason, it is essential that cities provide a correct service to their citizens and account for their noise and noise control policy.

108. The right of citizens to information regarding public policies is guaranteed by the Constitution and by law. Currently, the value of the acoustic environmental sustainability of the city is a portrait of its sustainable development. However, some cities use “ greenwashing ” campaigns , that is, an ecological “makeup” in their environmental advertising. Thus, in order for citizens not to be deceived by public authorities and to be duly informed about environmental policy, a governance system is necessary.  environmental anti-noise.

109. Also, citizens need to be trained and have accessible technologies so that they can effectively participate in environmental policy and noise pollution control.

110. Another point to be considered is the acoustic environmental education policy carried out in the city. This is a real factor in assessing environmental sustainability. Is there an acoustic educational policy in the city? Is there a culture of anti-noise technological innovation?

111. Now, there is all the education and culture in relation to the collection and separation of garbage in the cities because there is no education and the culture of warning of the risks of noise and noise pollution to health, well-being, work, rest and other fundamental rights affected by noise?

112. Why is there no culture to adopt measures to eliminate, reduce and isolate mechanical noise? Why don’t cities have the culture to ban machines, equipment, tools, services and infrastructure that pollute noise? Why are technological innovations not adopted to create noise maps in cities and environmental monitoring of noise pollution? Why is an anti-noise governance and environmental compliance program not adopted in the public and private sector?

113. Therefore, the environmental sustainability of a city must consider the containment measures to prevent and repress noise, noise pollution and acoustic pollutants. Currently, noise is an epidemic in cities.

114. For this reason, they must be treated as a risk factor for health and environmental degradation. There is no quality of life in the city, with noise and noise pollution. A city is environmentally unsustainable with noise and noise pollution.

115. Finally, we need to overcome the toxic and polluting status quo and move towards a new civilizing level in cities, free from mechanical noise. For clean, healthy and sustainable cities, it is fundamental that the environmental “branding” includes the themes of noise control and noise pollution.

Proposals for  the city of Curitiba in containing environmental noise.

116. Curitiba should follow the guidance of the World Health Organization, the limit situation of 53 dB (fifty-three) decibels during the daytime and 45 dB (forty-five decibels) at night.

117. Curitiba should adopt the urban noise map as an indispensable tool in environmental management;

118. Curitiba should require, in the licensing of public passenger transport service providers, a prior study of the acoustic environmental impact on the residential areas through which buses circulate.

119. Curitiba should inform the population about the risks to public health, environmental health, occupational health, hearing health, mental health resulting from noise greater than 50 dB ( fifty decibels).

120. Curitiba should adopt an environmental education policy focused on acoustic environmental sustainability, educating citizens about the risks related to mechanical noise and noise pollution.

121. Curitiba should adopt a health policy to encourage the use of technological innovations to  ensure environmental health, with real-time noise monitoring.

122. Curitiba should promote the institutional capacity building of its environmental agencies, through training and the use of technological innovations to guarantee environmental sound quality.

123. Curitiba should create  the environmental municipal guard, attributing environmental functions to the municipal guard;

124. Curitiba should promote the training of its transit agencies regarding the inspection of noise from passenger transport buses, in partnership with environmental agencies.

125. Curitiba, in order to become an intelligent, clean, healthy and sustainable city, must free itself from the noise of passenger transport buses, encouraging industrial innovation, industrial quality, environmental innovation.

126. Curitiba should promote public passenger transport services that are clean, healthy and sustainable, free of noise and environmental noise pollution.

127. Curitiba should promote the improvement of the reach of the passenger transport system, in order to promote social inclusion.

128. Curitiba should promote the culture of innovation in public passenger transport, the culture of environmental health, the culture of acoustic environmental sustainability and the principle of acoustic efficiency of public transport buses.

129. Curitiba should adopt the acoustic cleaning service for environmental noise, a kind of acoustic environmental sanitation service.

130. Curitiba must promote better standards of comfort and acoustic well-being in public passenger transport buses.

Ericson M. Scorsim 

Lawyer and Consultant in State Law. Doctor in Law from University of São Paulo. Founder of the Anti-Noise Environmental Monitor Association. Website:  https://antirruidos.wordpress.com/ e Twitter: https://twitter.com/antirruidos . Author of the ebooks Anti-Noise Movements for Smart, Healthy and Sustainable Cities and Smart, Healthy and Sustainable  Residential Buildings, published on Amazon , 2023.

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[1]Demery Jur , Leroy. M. Bus rapid transit in Curitiba, Brazil . An information summary. Special Report no. 1, December 11, 2004. www.publictransit.us . According to the author : “It is important to note that bi-articulated buses of the type operated in Curitiba do not conform to the vehicle code in at least one US state – California – and therefore could not be operated on public streets”.

[2]Psychoacoustics is a branch of scientific knowledge that demonstrates the impact of noise on people’s psychic life and therefore on mental life. There are also other branches like bioacoustics .

[3]Pope Francis, Encyclical Letter Laudato Si on Care for our Common Home. São Paulo: Paulinas, 2022.

[4]See: House of Lords, Science and Technology Committee. 2nd report of session 2022-2023. The neglected pollutants: the effects of artificial light and noise on human health . And Foster, Russell. Life time. The new science of the body clock, and how it can revolutionize your sleep and health . London: Penguin .

[5]Blood pressure also has another unit of measurement. Healthy blood pressure is 12.8. Above this value, the pressure has high blood pressure, below this low the person is diagnosed with low blood pressure. The body temperature is also measured in degrees celsius , a healthy body is at 36 (thirty-six) celsius , above this value there is a fever. Below this value, the person is diagnosed with hypodermia . With the oxygen measurement, too. With a healthy index 100 (one hundred), up to 96. Less than 90, there is a risk to health.

[6]See: OECD, How’s life? 2020. Measuring well-being, 2020.

[7]European Commission , Assessment of potential health benefits of noise abatement measures in the EU, March 2021. See : Burden of diase from environmental noise. Quantification of healthy life year lost in Europe.

[8]Youtube channel of the São Paulo Public Prosecutor’s Office and Superior School of the São Paulo Public Prosecutor’s Office.

[9]See: Sarlet , Ingo Wolfang . E Fensterseifer , Principles of Environmental Law . São Paulo: Saraiva, 2018.

Compartilho com você artigo em inglês – Governança Ambiental Antirruídos e Samart Cities.

It is urgent to adopt environmental governance programs for noise monitoring and noise pollution control, given the context for smart, healthy, and sustainable cities, aligned with the UN Sustainable Development Goals.

This new public policy should value a new model of environmental and eco-humanistic urbanism, with urban eco-design, that is, more humane cities that prioritize human life and environmental quality, and environmental health. Cities for people, in the words of urban planner Jan Gehl. It is essential to overcome the mechanistic and noisy model behind classical urbanism. We need environmental management to commit to total quality, with the adoption of acoustic environmental quality standards, rules, and procedures. One of the indicators of quality of life is the acoustic environmental quality. Thus, the new urbanism must have human life, environmental quality and health, and the protection from noise of people with cognitive and auditory neurodiversity as its top priority.

City management must promote the values of acoustical environmental education, acoustical environmental sustainability, the principle of acoustical efficiency, and value the right to the soundscape of the natural environment. Also, it must consider principles of environmental ethics (noise polluters cause harm to people and disrespect several fundamental rights: right to life, right to health, right to work, right to rest, right to well-being, right to a culture of quietness, right to property and housing, right to the inviolability of the home) and environmental contamination and aesthetics (noise causes the ugliness of the acoustic landscape and causes the environment to become dirty and toxic. And environmental governance should promote participatory environmental citizenship to address noise pollution, including incentive programs for citizens to access acoustic monitoring technologies in citizenship and science programs. Urban management must also incorporate the technological innovations for environmental monitoring of noise in cities. There are several technologies available: artificial intelligence, Internet of Things (IoT) devices, acoustic radar, 3D noise maps, acoustic cameras, and others. There is also an urgent need to accelerate sustainable mobility programs, with incentives for electric vehicles.

 There is an urgent need to incorporate electric buses into the public transportation system, as these contribute to eliminating air and noise pollution. Electric buses benefit the passengers, who have their rights to quality public service respected, and the urban areas surrounding the bus lines, which are currently degraded due to air and noise pollution. The principle of the prohibition of environmental regression demands ambitious targets to accelerate electric bus programs. Also, the principles of insufficient protection by the government of fundamental rights, especially the right to the city, quality of life, and environmental quality. Public policy with unreasonable and disproportionate goals may be subject to constitutional review due to the government’s omission to adopt more reasonable deadlines to solve an urgent situation in the cities. Above all, wealthier cities must have ambitious targets for tackling climate change and global warming. The cities’ so-called “green branding” must incorporate bold goals to control noise pollution. For example, area residential area contaminated by noise pollution caused by the public transportation system has the risk of property devaluation.

There are even methods for pricing the devaluation of real estate caused by environmental pollution. Another aspect to be considered is better regulation of urban traffic, considering the acoustic environmental dimension. This is why speed reduction measures are needed in predominantly residential areas. And still, on the aspect of urban policy, it is key to define areas of urban quietness, with maximum environmental protection against the noise of polluting agents. Another point to note in environmental governance is the demand for anti-noise taxation, that is, the use by local governments of anti-noise environmental taxes. Thus, to make the polluter-pays principle effective, some noise-polluting sectors can be the target of the environmental taxes: the construction equipment industry, construction companies, gardening service providers, the gardening equipment industry, condominiums, service providers for condominiums, public passenger transit system companies, owners and/or drivers of motorcycles, cars, and trucks, among others.  In addition, some acoustically polluting equipment should be banned by local governments, such as gardening equipment like leaf blowers, brush cutters, and pruners, among others. Another point is the demand for new urban environmental zoning to abide by the principle that forbids environmental regression. According to the World Health Organization, noise above fifty (50) decibels is a health risk factor. Therefore, local governments must urgently engage to overcome the current toxic and insane status quo of noise and polluter permissiveness, in a state of impunity. Environmental policy needs to be more energetic, with preventive and repressive measures, to reduce noise in cities. Measures to eliminate, reduce and isolate noise are urgently needed.

Finally, dear reader, you can participate in the anti-noise movement in your city by presenting complaints, suggestions, and requests for information to the proper authorities, and demanding responsible attitudes from polluters, so that we can overcome these illegal, irresponsible, anti-social, insane, and environmentally unsustainable behaviors.

Ericson Scorsim. Lawyer and Public Law Consultant Ph.D. in Law from the University of São Paulo (USP). Founder of the Noise-Free Environmental Monitor Association. Author of the ebook Noise-Free Movement for Smart, Healthy and Sustainable Cities (Movimento Antirruídos para cidades inteligentes, saudáveis e sustentáveis), Curitiba, author’s edition, Amazon, 2022, and the ebook Smart, Healthy and Sustainable Condominiums (Condomínios inteligentes, saudáveis e sustentáveis), Curitiba, author’s edition, Amazon, 2023.

The Environmental Anti-Noise Monitor Association is a civil association dedicated to the promotion of environmental and acoustic sustainability, acoustic environmental education, the principle of acoustic efficiency, the advocacy of environmental quality and quality of life in the residential and urban environment, fighting against acoustic environmental pollution, environmental and scientific research, among other values.

The Enviromental Association Anti-Noise Monitor is aligned with the Sustainable Development Goals established by the United Nations. And the goals for Enviromental, Sustainability and Gouvernance.

Noise from polluting machines causes environmental degradation and loss of quality of life. Noise impacts human health, public health, hearing health, and environmental health. Noise can damage communication, work, health, rest and relaxation, property right, and the right to a home, among other fundamental assets.  And also noise impacts persons whith cognitive neurodiversity e hypersensitive with noise.

To have smart, healthy, and sustainable cities, we need measures to prevent and repress noise caused by polluting agents such as machinery, equipment, tools, motorcycles, buses, cars, trucks, aircraft, and services, among others.

We need acoustical environmental education to have smart, healthy, and sustainable residential condominiums. Residential condominiums urgently need to adopt governance, compliance, and transparency measures in environmental management and commit to acoustic environmental sustainability and the protection of the quality of life in the residential environment and urban environment, free from noise.

We must respect the principle of the prohibition of environmental regression, the principle of prevention of environmental damage, and the “polluter pays” principle.

We urgently need to overcome antisocial, insane, unsustainable, and illegal noise-related behaviors.

We urgently need environmental, technological, cultural, and behavioral innovation to fight against the noise.

We urgently need industrial technological innovation to achieve full acoustic efficiency of equipment, machines, products, tools, etc., with a commitment to acoustic environmental sustainability.  We need to raise awareness, sensitize, and mobilize consumers to purchase silent products and services with acoustic efficiency labels.

The launch of the Environmental Noise Monitor on March 29, of 2023 is symbolic. It is also an anniversary present for the city of Curitiba. If the city wants to be a smart, healthy, and sustainable city, it needs to adopt more effective measures to tackle environmental noise pollution and noise in general. 

However, the Association transcends the local realm. Its goal is to expand to all of Brazil and cross borders so that, in the future, we can articulate actions with strategic international partners in the fight against noise and environmental acoustic pollution.

You are invited to join the Anti-Noise Movement, please visit our website: https://antirruidos.wordpress.com/

Ericson Meister Scorsim

Chief Executive Officer of the Environmental Anti-Noise  Association

The World Bank, together with other partners, has released a global sustainable mobility ranking.  This ranking assesses indicators such as universal access to mobility, safety, efficiency, and sustainability. The ranking covers several transportation modes: cars, buses, motorcycles, trains, ships, and bicycles, among others. 

The World Bank and other entities have a sustainable mobility program called Sustainable Mobility for All, with suggestions for public policies on the subject, see www.sum4all. org. See also: Catalogue of policy measures 2.0 – toward sustainable mobility, in Sustainable Mobility for All.  This program has the following action axes: accessibility to mobility services, efficiency, safety, sustainability, and gender clause.  Regarding the latter axis, it evaluates policies to include women in the mobility sector, as well as issues related to protection for women in public transportation systems. This ranking is aligned with the sustainable development goals established by the UN.  These are some of the UN sustainable development goals: good health and well-being (goal 3), industry, innovation, and infrastructure (goal 9), sustainable cities and communities (goal 11), responsible consumption and production (goal 12), partnerships and means of implementation (goal 17). The United Nations General Assembly passed Resolution 76, in July 2022, declaring the right to a clean, healthy, and sustainable environment.  Brazil must apply this international standard to ensure a clean, healthy, and sustainable environment, free from noise pollution in cities. One of the goals of the global ranking is the reduction of air pollution and noise pollution produced by transport modes in cities. Sustainable electromobility is, therefore, one of the factors to reduce air and noise pollution in cities.  It should be noted that air pollution and noise pollution affect public health. This pollution degrades the environment and causes damage to the human organism. And one of the targets of public policies is the air and noise pollution caused by cities’ public transportation systems. In the report Global Roadmap of Action Toward Sustainable Mobility:Green Mobility from the World Bank’s Sustainable Mobility for All, the transportation sector is one of the main sources of air pollution and noise pollution.  And there was significant noise exposure due to acoustic pollution. Hence, the goal is to reduce excessive noise by 50% (fifty percent) by 2030, compared to 2015 levels.   According to the report, noise above 55 (fifty-five) decibels impacts the population.[1]

Reference is also made to reducing the noise produced by cars and motorcycles, with standardization measures for the efficiency of vehicles, tires, and geographical areas within cities.[2] By way of illustration, the European Union, via the European Environmental Agency, has adopted a guideline for reducing noise in transportation. There are gradual goals for reducing the noise produced by different transport modes: cars, buses, trains, airplanes, and motorcycles, among others. In Europe, low-carbon and low-noise areas are defined to protect the environmental health of cities.  In the United States, the Biden administration has adopted the Federal Sustainability Strategic Plan, with progressive targets for reducing air pollution and climate change. The government will adopt an electric vehicle fleet, sustainable buildings, and sustainable procurement of products and services. Brazil can be inspired by these models. The country and local governments must align themselves with these sustainable development goals to promote sustainable mobility, with the reduction of air and noise pollution in cities.  Sustainable electromobility in public transportation systems is therefore a fundamental condition for reducing air and noise pollution.[3]

We must think about sustainable mobility policies to protect the cognitive and auditory neurodiversity of mobility systems’ users, thus protecting mental and auditory health. It is also essential to protect vulnerable groups of citizens: people with disabilities, illnesses, etc., to promote access to sustainable mobility. In this respect, air and noise pollution must be reduced, taking into account the well-being and comfort of the users of public transportation systems, as well as the citizens who live near bus stations and the roads where public transportation buses circulate.  In my book, Anti-Urban Noise Regulatory Proposals, author’s edition, Amazon, 2022, I point out some regulatory options for fostering technological innovation in favor of promoting acoustic efficiency, as well as for appropriate regulation to contain urban noise caused by various modes of transportation. Technological innovations can contribute to the transformations needed for sustainable mobility, acoustic environmental sustainability, and the building of urban infrastructures for smart, healthy, and sustainable cities.  Sustainable electromobility: (electric cars, buses, motorcycles, and trucks), 5G technologies, the internet of things, artificial intelligence, machine learning, computer vision, and computer listening, will be the key tools for reducing air pollution and noise pollution. Cities need to renew their urban infrastructure, such as installing the electric charging points that are necessary for the electromobility system.

Local governments can set an example by initiating bidding models for purchases and services based on sustainable mobility. For example, by renting or buying fleets of electric vehicles. The local police forces may use electric vehicles, for example. Local governments will be able to encourage sustainable mobility ecosystems, replacing their fleets with electric buses through progressive fleet replacement targets in key areas of cities. Local governments can also encourage taxi services to adopt electric vehicles. Governments can update their acoustical zoning plans to define airplane and helicopter routes to maximize public health, welfare, and rest in residential areas.  It is also important to define areas of low carbon emission and low noise emission to protect environmental health. Governments can encourage the transition by incentivizing the purchase of electric motorcycles and electric bicycles. Finally, there are several actions to be taken by the cities, urgently, to eliminate the environmental impacts caused by mobility based on fossil fuel engines – electric motors.  The more local governments are aligned with the UN’s actions, the more conditions they will have to receive sustainable investments in the area of urban mobility. Governments can be major partners for industrial and service sector innovation in sustainable mobility, targeting the principles of energy efficiency and acoustic efficiency and defining low-carbon and acoustic emission areas, improving the quality of life in cities.   

** All rights reserved. This article must not be reproduced or used without mentioning the source.

Ericson Scorsim. Lawyer and Public Law Consultant Ph.D. in Law from the University of São Paulo (USP). Author of the book  Movimento antirruídos para cidades inteligentes, saudáveis e sustentáveis, edição autoral, Amazon, 2022.

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[1]See: Sustainable Mobility of All: Global Mobility Report 2017, Tracking Sector Performance: www.sum4all.org.

[2] World Bank, Sustainable Mobility for all. Global Roadmap of Action. Toward Sustainable Mobility – Paper 6 – Green Mobility, 2019.

[3] For analysis of the theme, see: Keller, Evelyn Fox. Ecosystems, organisms and machines. Bioscience, December, 2005, vol. 55, n. 12.

The European Environment Agency has set a target to reduce transport noise by 30% by 2030.[1] Exposure of the population to noise severely threatens people’s health and well-being, hence the need for regulation. Noise reduction measures affect means of road, rail, and air transport.  These are measures to be adopted to mitigate the noise generated by transport vehicles. Among such measures is the large-scale adoption of electric vehicles: cars, motorcycles, buses, and trucks. Another measure is the reduction of speed limits to 30 km/h on urban roads, and streets close. Another measure is to limit the noise level of motor vehicles. And yet another rule is to expand the use of noise-reducing asphalt. 

In the rail transportation sector, measures include building new, quieter infrastructure, using quieter brake systems, and increasing train electrification. Adoption of quieter aircraft by the air transport sector will be encouraged.  There are several noise reduction projects in European cities. Monza, in Italy, has defined low emission zones to reduce traffic noise.  Zurich, Switzerland, has redefined city speed limits to reduce transport noise. The Swiss rail transport system has adopted quieter braking systems on its trains. In Germany, Berlin has seen a reduction in the number of rapid transit lines, with an increase in bicycle lanes and pedestrian areas. In Spain, Madrid has adopted measures such as noise barriers near the streets and asphalt paving to reduce noise. Brazil can be inspired by this initiative of the European Environment Agency and implement in Brazilian cities models to reduce environmental noise and promote acoustic environmental sustainability in the context of smarter, healthier, and more sustainable cities.  

The anti-noise policy will cater to public health, welfare, and the environment. In my book Regulatory Proposals – Urban Anti-Noise, author’s edition, published on Amazon, 2022, I point out regulatory options for governments to update legislation and adopt better standards to promote the principle of sound efficiency, not only in transport systems and urban mobility but also in the equipment and machinery industry. To sum up: there is much to be done on acoustic environmental sustainability in cities to protect public health and welfare and provide environmental quality for citizens.   

** All rights reserved. This article must not be reproduced or used without mentioning the source.

Ericson Scorsim. Lawyer and Public Law Consultant Ph.D. in Law from the University of São Paulo (USP). Author of the book Propostas Regulatórias: Anti-Ruídos Urbanos (Regulatory Proposals:

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[1] European Environment Agency. Outlook to 2030 – Can the number of people affected by transport noise be cut by 30%? See, also, Projected health impacts from transport noise – Exploring two scenarios for 2030, authors Núria Blanes and others, European Environment Agency.

The United Nations has as one of its Industry, Innovation, and Infrastructure segment development goals building resilient infrastructure to promote inclusive and sustainable industrialization fostered by innovation. There are also other goals: health and well-being (goal 3), ensuring healthy lives and promoting well-being for all of all ages in all cities), sustainable cities and communities (Goal 11: Make cities and human settlements inclusive, safe, resilient, and sustainable), responsible consumption and production (Goal 12 – Ensure sustainable consumption and production patterns), partnerships for the goals (Goal 17 – Strengthen the means of implementation and revitalize the Global Partnership for Sustainable Development). 

The UN passed Resolution No. 76/2022, recognizing the right to a clean, sustainable, and healthy environment. And the OECD has studies to promote responsible business conduct, something to be applied by the equipment and infrastructure industries and condominiums, among others.[1]

Based on this normative context, we will try to present some insights into the control of noise pollution arising from the manufacture of noisy machines to achieve the right to smart, healthy, and sustainable cities. And to institutionalize the principle of acoustic efficiency for noise control of machinery, equipment, works, services, and infrastructure.  We urgently need to maximize the acoustic efficiency of the machines and minimize noise to protect public health and welfare. According to the World Health Organization, noise above 50 decibels is harmful to health. Noise affects cognition, and physiology, impacting the nervous, cardiovascular, endocrine, sleep, and digestive systems, among others.  Noise is an anomaly, a mechanical pathology, a symbol of the acoustic inefficiency of machines! 

Some considerations on this matter:

 First, the gardening equipment and construction industries, condominiums, mass transit systems, helicopters, household appliances, the automobile industry, drones, and others must conform to the right to a clean, healthy, and sustainable environment.  Thus, we need eco-efficient and acoustically eco-sustainable business models.

Second, industrial innovation should focus on replacing acoustically inefficient mechanical technologies with acoustically eco-efficient and environmentally sustainable ones. In this regard, adherence to the principle of acoustic efficiency is urgently needed, with investments in environmental sustainability for the eco-efficiency of the machines. Laws encouraging acoustic environmental sustainability should support the change in the industrial pattern, replacing inefficient technologies with more efficient ones from an acoustic perspective. Municipalities can and should encourage technological innovations to promote acoustic efficiency and environmental sustainability. This can be done through its purchasing power by encouraging public tenders and buying eco-friendly products, services, and equipment.

Third, urban infrastructure in cities must be eco-efficient and committed to acoustic environmental sustainability. Urban infrastructure (streets, avenues, sidewalks, condominiums) must adopt clean, healthy, and sustainable technologies. In this regard, there is public infrastructure and private infrastructure (condominiums), both of which must be aligned with the best practices of acoustic environmental management.  Environmental law enforcement agencies must prevent and repress noise with measures for monitoring urban noise.

Fourth, there should urgently be an educational campaign directed at residential condominiums to raise awareness of how machine noise can damage people’s health and well-being. Laws should encourage self-regulatory practices by condominiums for noise containment and acoustic environmental governance and compliance measures. 

Fifth, consumers and end users of industry and infrastructure should be informed about the institutional and industry policies adopted by governments and companies for acoustic environmental sustainability. There should be maximum transparency from manufacturers and retailers about the acoustic efficiency of the machines. This is why policies for adhering to acoustic efficiency equipment seals are fundamental.

Sixth, the construction industry should adopt acoustically efficient machines, abandoning inefficient machines, for the sake of the health and well-being of its employees and for the sake of the health and well-being of other citizens.

Seventh, the machine industry must invest in efficient machines. Therefore, there is a legal and ethical duty to conduct research and develop equipment that is committed to acoustic environmental sustainability.  The industry should guide itself by the acoustic quality standard of its equipment. 

Eighth, we need to update the laws and the institutional training of competent government agencies to raise awareness of acoustic environmental sustainability. 

Ninth, society demands better business conduct committed to acoustic environmental sustainability, with governance practices and acoustic environmental compliance so that the principle of acoustic efficiency in equipment, works, and services can be achieved.  In short: The right to a clean, sustainable, and healthy environment is premised on acoustic environmental sustainability. We urgently need innovation by the industry, condominiums, machine suppliers, and service providers to ensure commitment to acoustic efficiency, replacing polluting machines with eco-efficient and eco-sustainable technologies. 

Ericson Scorsim. Lawyer and Public Law Consultant Ph.D. in Law from the University of São Paulo (USP). Author of the book Propostas Regulatórias: Anti-Ruídos Urbanos (Regulatory Proposals: Anti-Urban Noise), Amazon, 2022.

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[1] OECD, OECD Studies on Responsible Business Conduct Policy, 2022.

Taiwan is one of the epicenters of the geopolitical game between the United States and China. These two countries are vying for global leadership. Taiwan is home to TSMC, one of the largest semiconductor manufacturers in the world.  Taiwan is a territory of China with autonomy and democracy.  This is why China proclaims one country, two systems.

Semiconductors are essential equipment in smartphones, cars, televisions, refrigerators, and more. Also, semiconductors serve the defense industry, used in missiles, tanks, aircraft, and command and control systems. Qualcomm and NVidia are semiconductor suppliers to the US defense industry.  

TSMC has the following market shares: North America (65%), Europe, the Middle East and Africa (6%), China (10%), and the Asia Pacific (14%). It is one of the most valuable companies in the world. It is one of Apple’s leading chip suppliers. TSMC has stopped supplying chips to the Chinese company Huawei due to pressure from the USA. The US government wanted a North American company to acquire control of TSMC. On the other hand, the Chinese government is also interested in having a Chinese company take over TSMC.

Any disruption to TSMC’s operation could threaten the United States national security, as the electronics industry depends on the Taiwanese company’s chips. The disruption of TSMC’s operations also threatens China’s national security. China has control of the rare materials used to manufacture semiconductors.  As a result, TSMC finds itself in the crossfire between the two countries. The company is also formed with the support of North American, European, and Asian companies.  In an interview with journalist Fareed Zakaria on his program GPS on CNN USA, Marc Liu, Chairman of TSMC, said that if China invades Taiwan, the plant will not be operational because its operation is interdependent with companies in the United States, Europe, and other countries. 

The United States has announced a U$50 billion incentives bill for setting up semiconductor factories in the United States, as well as for semiconductor research and development and technology workforce training. Interestingly, the US government has consistently criticized the Chinese government’s subsidy policy for its industry. However, now it is using the same tactics. TSMC plans to invest in semiconductor manufacturing in the state of Arizona.

Brazil can seize opportunities in this rearrangement of the global semiconductor supply chain. To do so, Brazil must build up its institutional capacity in industrial, science, and technology policy.

 ** All rights reserved. This article must not be reproduced or used without mentioning the source.

Ericson Scorsim. Lawyer and Public Law Consultant Ph.D. in Law from the University of São Paulo (USP). Author of the book 5G Communications Geopolitical Game: United States, China, and the Impact on Brazil, self-published, 2020.

The United Nations General Assembly passed Resolution 76 on July 26, 2022, declaring the right to a clean, healthy, and sustainable environment. Among the justifications presented are the risks of the impact of climate change and the unsustainable management of natural resources that interfere with the enjoyment of a clean, healthy, and sustainable environment by all human beings.

Environmental damage is felt by individuals and communities around the world, with a more substantial impact on vulnerable groups such as women, girls, indigenous peoples, children, and the elderly. The Resolution recognizes the importance of gender equality and the demand to address climate change and prevent environmental degradation. It also highlights the need for empowerment, leadership, and meaningful participation of women and girls as managers, leaders, and advocates of natural resources in the protection of the environment.

Environmental degradation, climate change, loss of biodiversity, desertification, and unsustainable development constitute some of the most significant pressures and severe threats for effectively enjoying all human rights by present and future generations. The Resolution also recognizes that the exercise of human rights, including the rights to seek, receive and impart information, to participate effectively in the conduct of government is vital to the protection of a clean, healthy, and sustainable environment; UN Member States reaffirm their commitment to respect, protect and promote human rights to avoid environmental degradation. Additional measures should be taken to face the environmental challenges and ensure the effectiveness of human rights for all. UN member states, international organizations, and businesses must adopt environmental policies to ensure the right to a clean, healthy, and sustainable environment.

This normative context of the UN Resolution clearly configures the right to clean, healthy, and sustainable cities without noise pollution. Noise pollution is one of the factors of environmental harm, also jeopardizing the fundamental rights to quality of life, health, work, rest, and others.  Urban noise causes an unclean, unhealthy, and unsustainable environment. Therefore, city leaders must commit to eliminating, mitigating, and isolating noise pollution to protect the right to a clean, healthy, and sustainable environment!

Also, companies, service providers, suppliers of mechanical equipment, and other organizations must be committed to a clean, healthy, and sustainable noise-free environment.

**All rights reserved. This article must not be reproduced or used without mentioning the source.

Ericson Scorsim. Lawyer and Public Law Consultant Ph.D. in Law from the University of São Paulo (USP). Author of the book Propostas Regulatórias: Anti-Ruídos Urbanos (Regulatory Proposals), Amazon, 2022

Crédito de Imagem: ONU – Unsplash/Manuel Venturini

The United States and China Dispute Global Technological Leadership. Technological competitiveness is measured by each country’s computing capacity, represented by cloud computing infrastructures and semiconductor manufacturing. These computing infrastructures are essential for modeling global cyberspace. The cyber power of a country currently represents one of the factors of national power.[1]Thus, each country with cyber power seeks to project its power to other countries, something that represents its soft power.

The United States has passed the so-called Cloud Act, a law that allows US authorities access to data stored on servers of companies located abroad but subject to US jurisdiction. Brazilian authorities have not yet perceived the geopolitical and economic risks arising from the US Cloud Act. Despite the name, international data traffic is predominantly done through undersea cable networks in the oceans. Computational capability is collecting, storing, processing, and transferring data. In the geopolitical and economic realms, the country with greater control over its data and digital infrastructure has greater political and economic control over its economy and even influence over other countries.

 Cloud computing produces billions of dollars in business, helping streamline businesses, financial capital, and logistics. Therefore, digital infrastructure capability can improve the business environment globally. The so-called Cloud Computation is a complex system integrated by a network of computers, software, data centers, and undersea cable networks, among other elements. There is now infrastructure as a service, software as a service, and platform as a service, among others. It is necessary to differentiate cloud computing services provided to governments from those offered to enterprises. There are also distinctions between private, public, and hybrid clouds.

In cloud computing for governments, especially in defense and national intelligence, there are usually stricter requirements for cybersecurity due to sensitive data on the networks. This geopolitical and economic dispute extends to international technical cyber security standards. In the layers of cybersecurity, you need to analyze data security, application security, data hosting security, and network security. Thus, one must assess the company’s reliability and check whether it follows international cybersecurity standards when selecting a cloud computing provider and whether it offers an infrastructure with resilience to cyber-attacks. As for standards, abusive policies in setting technical cybersecurity standards that exclude international competition must be avoided.

There are many business applications with cloud computing: industry, smart cities (smart operations centers for urban management), power grid management, public lighting grid management, digital government in the cloud, water supply system management, smart environmental protection, smart refrigeration systems, transport and logistics, audiovisual media (film production and broadcasting), smart ports, mining, oil and gas, and others. For example, several filmmakers and actors located in different countries will be able to make films and animations jointly. Recently, a technology company offered the experience of forming a virtual orchestra with the participation of musicians in several different countries. In the ports area, cloud computing applications make it possible to reduce costs by formatting routes and schedules for loading and unloading containers as well as ships.

There is a project in the financial sector to build the future generation of financial infrastructure called the “Bank of Things.” It is a partnership between Huawei and SPD Bank. The focus is on leveraging the internet of things for the financial sector, especially in credit risk analysis. There are BoT (bank of things) opportunities for the so-called fintechs. The goal is to create applications based on 5G technology and the Internet of Things to develop twins of things (duplicate objects). The goal is to monetize the assets, starting with connectivity. Thus, one takes advantage of digital payment systems and data resulting therefrom.[2] For example, car and driver data will be used for insurance risk analysis in smart cars. As for smart homes, residents’ data will be used for consumer potential, credit analysis, and commercial advertising. The entire digital economy depends on cloud computing systems, which is essential for digital transformation. 5G technology in mobile telecommunications networks and the Internet of Things will lead to an exponential demand for cloud computing services. Artificial intelligence and big data tools will contribute significantly to hyper-scale data processing (videos, text, images, etc.). Mathematical models are applied to cloud computing systems with the capacity to process billions of pieces of data in real-time.

In this context, scientific research for the development of new medications that used to take years will now have results in months. There will be more data traffic, hence the need for reinforced cybersecurity. The United States relies on Big Techs in cloud computing such as Amazon, Microsoft, Google, Oracle, IBM, SalesForce, Dropbox, and others. These companies offer cloud computing services in Brazil for private companies and governments. Courts of Justice in Brazil have been hiring foreign companies for cloud computing services, and[3] Brazilian business groups have procured cloud computing services from foreign companies.

The Central Bank of Brazil has a resolution authorizing procuring cloud computing services with data storage abroad.[4] China has Alibaba, Tencent, and Huawei. The European Union has no global competitor in cloud computing. Hence, its public policy encourages the development of cloud computing infrastructure by European companies. The European Union has programs to strengthen its cyber sovereignty, focusing on developing cloud computing infrastructures. The geopolitical dispute is extended to the power to access data on servers located abroad, which makes it possible to extend the extraterritorial application of US jurisdiction. 

In that line, the United States has passed the Cloud Act (Clarifying Lawful Overseas Use of Data), which is a law that allows US authorities to access data stored by service providers on servers located in other countries. The United States Congress has a bill on data access, transparency, and accountability called the “Setting an American Framework to Ensure Data Access, Transparency and Accountability Act” or the “Safe Data Act.” Regulation of the subject is incipient. The European Union is the most advanced on the subject, having passed the Cybersecurity Act and the proposal for data governance regulation. The European Union Agency for Cybersecurity (ENISA), for example, has cloud security recommendations for healthcare service providers.[5] It has another recommendation for cloud computing security and resiliency for governments.[6] There is a recommendation for cybersecurity standards for hospitals. In the United States, Executive Order no. 13984 from January 2021 deals with malicious cyber-attacks against cloud computing infrastructures. According to that act, the National Security Agency must assess the cybersecurity risks in providing cloud technologies and infrastructure to the government. After that, the Trade Department began requiring cloud computing infrastructure service providers to verify the foreign identity of service providers, as well as certification and compliance rules.

The United States has passed specific regulations for the procurement of cloud computing services by the government and federal agencies. China has passed the Data Security Law that ensures protections for critical information infrastructure (information services, energy, transportation, water conservation, finance, utilities, e-government), requirements for international data transfer, data export control rules, compliance for data providers, trading platforms, data consumers, and rules for data center location in Chinese territory. It should be noted that, although there are common rules for cybersecurity, depending on the industry’s uniqueness, there is a demand for more specific rules. Thus, there are peculiarities in the financial, energy, nuclear, defense, and health sectors, among others. As for cyber risks, there are some risk-sharing practices between the cloud computing and service provider and the customer. In cloud computing contracts, there should be maximum transparency about cyber risks and information about the clauses for updating cyber security services on devices, networks, and equipment.

Insurance contracts must have clear and precise clauses about contractual coverage regarding cyber risks. In addition, companies must develop geopolitical and geoeconomic risk matrices. In the near future, there may be discussions about competition in the cloud computing market, especially about economic concentration.[7] Data confidentiality, availability, and integrity are essential in cloud computing. There is also the concern with the environmental sustainability of data centers as they are large energy consumers. In this respect, cloud computing services should follow the principle of energy efficiency. In Brazil, there is no proper cybersecurity regulation in cloud computing services. Brazil lacks a general law for cybersecurity. Currently, the topic is only addressed as self-regulation by private companies. In short, cloud computing infrastructures and services will shape the digital economy. The country that best invests in cloud computing infrastructure will have greater international competitiveness and computing power. Brazil has an interesting geostrategic profile to attract investments in cloud computing and become a global and regional player in this sector.  

**All rights reserved. This article must not be reproduced or used without mentioning the source.

Ericson Scorsim. Lawyer and Consultant in Regulatory Communications Law. Ph.D. in Law from the University of São Paulo (USP). Author of the book “Jogo geopolítico entre Estados Unidos e China no 5G: impacto no Brasil.” (The Geopolitical Game between the United States and China regarding 5G: Impact on Brazil), Amazon, 2020 e 2021. Author of the book Geopolítica das Comunicações, 2nd edition, revised and updated, Amazon, 2022.

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[1]As in Cyber capabilities and National Power: a net assessment. The International Institute for Strategic Studies – IISS.

[2] Huawei and SPDBANK, Bank of Things White paper. Next-Generation financial infrastructure, 2020.

[3] This is the case, for example, with the São Paulo Court of Justice, which has procured Microsoft’s cloud computing services.

[4]  Central Bank of Brazil, Ordinance n. 3,909, dated August 16, 2018, provides on the cybersecurity policy and on requirements for procuring data processing and storage and cloud computing services to be observed by payment institutions authorized to operate by BACEN.

[5]See: European Union Agency for Cybersecurity. Cloud Security for healthcare services, January, 2021.

[6]See: European Network and information security agency. Security & Resilience in governmental clouds, making an informed decision, January, 2011.

[7] Geer, Dan, Jardine, Erics and Leverett, Eireann. On Market Concentration and Cybersecurity Risk, Journal of Cyber Policy, 2020, vol. 5, n. 1, 9-29, Routledge – Taylor & Francis Group.

Crédito de Imagem: FIA

Technologies have taken a central role in several countries. For this reason, some countries are innovating their foreign policy concerning new technologies. Some steps are being taken to adapt diplomacy to technological issues.

The first step is appointing ambassadors with expertise in technologies and digital or cyber issues.

Second is creating a specialized technology affairs team or office for foreign policy management.

Third, designing a foreign policy strategy focused on technologies. In the context of the new geopolitical era, some insights are necessary: the anticipation of situational awareness to stay ahead of technological changes and their impact on international dynamics, the coordination of political positions to reduce complexity in domestic and foreign policy, a clear strategic vision with the definition of priorities, values, and interests. 

In the face of the speed of technological change, there are challenges to matching this speed of technological evolution with leadership, legislation aligned to the decision-making process, and leadership in maximizing technological opportunities. Cyber diplomacy requires collaboration between governments and the private sector. Microsoft, for example, has established a permanent office at the United Nations. The intensity of the dispute for political, economic, and technological leadership among countries has created new areas of geopolitical conflict. Impactful topics such as the rare materials and semiconductor global supply chain are part of this competition. Another topic on the international agenda is the norms and standards of new technologies.

The global internet architecture is the subject of dispute between countries. Therefore, the integration of new technology issues in foreign policy requires some capabilities: maintaining situational awareness about the state of technological change and its impact on international dynamics; coordinating positions effectively in domestic policy and foreign policy for better alignment between technology policy to reduce complexity; having a clear strategy to direct technology policy; and establishing priorities, values, and interests. Some countries have already incorporated measures to integrate new technologies into their foreign policy: diplomats, teams, and strategies. Tech diplomats have the following areas of responsibility: domestic policy advice to ensure that thinking, policy, and regulation conform to major international trends and priorities; domestic and international policy coordination and alignment in multilateral, minilateral, and bilateral forums; policy and strategy creation, leading or contributing domestically and internationally. Some examples of countries with tech ambassadors (ambassadors with expertise in technology) are Denmark, China, the UK, the US, France, Germany, Austria, and Australia. Denmark has a tech ambassador for engagement with tech companies with offices in Copenhagen, San Francisco, and Beijing. The UK has appointed a general consul with business experience to represent British interests in San Francisco, home to major technology companies. China has a network of over one hundred and forty (140) specialized diplomats to identify and support the acquisition of emerging technology companies. The United States has established the Office of the Coordinator for Cyber Issues, with a global network of over one hundred and fifty (150) cyber policy officers.

For example, the US government created the US Bureau of Cyberspace and Digital Policy, which has an ambassador for critical emerging technologies. In this context, it is recommended that technology companies have a geopolitical policy with transparency and clear and precise rules on how to act in crises, with experts in geopolitical and security conflicts, international law, and human rights. It is also recommended that companies have a geopolitical crisis committee. Another recommendation is the international participation of technology companies in geopolitical decision centers such as the United Nations. Another suggestion is establishing a committee for setting self-regulatory practices.[1] France has a digital team of over thirty (30) people to deal with the Minister for Europe and Foreign Affairs, the National Agency for Information Security, and the Ministry of Economy and Finance. Germany has an International Cyber Policy Coordination Staff with seven permanent members. India’s Ministry of External Affairs has a foreign policy dedicated to technologies; however, it has not adopted other measures such as appointing an ambassador dedicated to the topic and/or designing the foreign policy strategy in the technological domain. 

The UNIDIR Cyber Policy Portal presents the scenario of the countries’ cyber defense public policies.[2] Brazil can take advantage of these lessons. Diplomacy capacity-building in the cyber domain and new technologies is essential in the geopolitical, geoeconomic, geocultural, and geodefense context. The global competitiveness scenario requires Brazil to adopt a new foreign policy committed to technological and cybernetic issues. New technologies have a significant influence on governments, markets, and society. There are several issues on the international agenda that Brazil needs to be engaged in and present its position on internet architecture, cyber security, intellectual property, data protection, digital connectivity, internet accessibility, technical standards for equipment, internet of things, artificial intelligence, 5G, 6G protection of critical national infrastructures, intelligence and disinformation operations on networks, espionage, among other relevant topics. This is why Brazil must have cyber and cultural diplomacy at its service.

Itamaraty has much to contribute to advancing diplomatic services in the face of new technologies. Several international organizations must address technological issues: United Nations, International Telecommunications Organization, ICANN, International Electrotechnical Commission, and ISO, among others. Brazil’s participation in international organizations to debate technological and technical issues is essential for its technological, economic, social, and cultural development.

All rights reserved. This article must not be reproduced or used without mentioning the source.

Ericson Scorsim. Lawyer and Consultant in Regulatory Communications Law. Ph.D. in Law from the University of São Paulo (USP). Author of the book 5G Communications Geopolitical Game: United States, China, and the Impact on Brazil, Amazon, 2020. Author of the book Geopolitics of Communications, Amazon, 2021.

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[1] Disrupters and defenders. What the Ukraine War has taught us about the power of global tech companies. Tony Blair Institute.

[2] Erzse, Akos and Garson, Melanie. A Leader’s guide to building a tech forward foreing policy. Tony Blair Institute for Global Change, march 25, 2022.

Crédito de Imagem: Blog iPleadrs