The decision of the Judge Vanessa de Souza Camargo in October 11, 2007 declared the unconstitutionality of the Technical Instruction n.° 04/2006 of the Environmental Institute of Paraná, turning away the administrative decision that demanded the perfomance of this Instruction by the associates of ACEL.

According to the Judge, the Instruction violates explicitly the constitucional principles of the separation of powers and the legacy when legislates about environment and telecommunication, whose competence is private of the Union.

The Technical Instruction declared unconstitucional demands, among other things, geographic limitations to the installation and operation of the equipments that make the connection between the cell phones and the telephony companies (ERBs), that should keep a 150 meters of distance from residences, stores, nurseries, and schools, and 30 meters from any land habitable. And, even more, reduced the radiation limits determined by the Telecommunications Nacional Agency (ANATEL).

In the opinion of the partner of Losso, Tomasetti & Leonardo, Professor Ezequias Losso, “by the decision of the Judge Vanessa, the Judiciary one more time restored the legacy in matter of telecommunications, and prevented the possibility of a ‘blackout’ in the cell phone telephony”.