The Supreme Court is asked to review the constitutionality Article 10 of Law 294/93 of Environmental Impact Evaluation,

This article states that any environmental impact evaluation shall be approved without further proceedings if it has not received correspondence Declaration within 90 days. Applicants argue that is contrary to the Arts. 6, 7, 8, 38, 40 and 128 of the Constitution, concerning the right to life, environmental protection, the right to a healthy environment

Applicants believe that the process of Environmental Impact Evaluation seeks to mitigate the negative environmental effects, so is understandable that the State has the duty to decide within a reasonable period of time. The Environment Secretariat believes that 90 days is appropriate to respond concerning the approval or rejection of an Environmental Impact Evaluation, but if it could not be issued within 90 days, the approval should not be issued, as it would be against the public interest.

The Court followed the arguments of the applicants, considering that if the environmental licenses would be approved without Declaration within 90 days, the rights regarding the environment would be at risk.