In this case, the plaintiff is the owner of a land next to a protected forest where a gas station is planned. The plaintiff required that the Court issue a suspension order of the construction of the gas station and that the police conduct an investigation of the possible violation of environmental law resulting from this construction.

The plaintiff based his petition on the fact that the destruction of the forest ecosystems resulting from the construction of the gas station was a violation of his right to a healthy environment, of private property, and to public information, as he claimed that no information on the project had been provided. The Court of first instance held that there was no evidence that the construction of the gas station was going to have such an impact on the environment and that an urgent suspension of the construction was required because the court considered that the land where the gas station was supposed to be built was not part of the protected forest where the risk would have been significant.

The plaintiff sought appeal of the decision in front of the Supreme Court. The court considered the right to petition the court is a constitutional right but that the emergency of suspending the construction work could not be showed; there was not enough evidence to order an investigation from the Police of Calera and from the Office of protection of the natural resources.