The Administrative Court of Lisbon Circle gave reason to the residents of Rua dos Bons Amigos, in Passinha, and condemned the Municipality of Alenquer to prohibit the circulation of heavy vehicles during the nighttime period. The City Council has ten days to regulate traffic on that road and define an enforcement regime, according to a judgment dated September 11. The decision represents a new chapter in a conflict that has been ongoing since 2021 between the residents, the municipality and the company Santos e Vale, which operates a logistics center in the area.
The court considered it proven that more than 300 heavy vehicles circulate daily, around the clock, through Rua dos Bons Amigos to access the Santos e Vale logistics center. This number contrasts drastically with the 2016 traffic study, which estimated only 20 heavy vehicles during daytime and six to seven at night. The sentence also finds it proven that the City Council never carried out any count or monitoring of heavy traffic and never approved any measure to limit the circulation of these vehicles on the street.
The court ruling considers the effects of traffic on the safety of residents and pedestrians, as well as the appearance of cracks and fissures in homes, to be demonstrated. During the night, sleep deprivation, disturbance of rest and worsening of pathologies are highlighted. The court concludes that there is an "unlawful administrative omission" and that the municipality cannot indefinitely maintain a situation of violation of fundamental rights. The imposed ban is only nighttime, as the existence of an alternative route capable of ensuring access to the logistics center was not demonstrated.
The court rejected the economic arguments presented by Santos e Vale, considering it not proven that the restriction would imply the loss of half of the jobs or jeopardize the operation of the logistics platform. The sentence will be directly notified to the mayor, João Nicolau, who may be personally condemned to a daily monetary penalty if the municipality does not execute the decision within ten days. The Municipality of Alenquer and Santos e Vale were also condemned to bear, in equal parts, the costs of the process. Both the residents and Santos e Vale may appeal the decision.
