Porto Alegre ordered to pay R$ 50 million for 2024 flood negligence

The Court of Justice of Rio Grande do Sul has ordered the municipality of Porto Alegre to pay R$ 50 million in collective moral damages following the devastating floods of April and May 2024. The ruling, resulting from a civil public action filed by the Public Ministry of Rio Grande do Sul (MPRS), found the municipal administration negligent in its duty to maintain and manage the city's flood protection system.

Judge Mauro Evely Vieira de Borba rejected the city's defense of “force majeure,” noting that the risks were foreseeable. Evidence presented included a November 2023 administrative report from the Municipal Department of Water and Sewage (DMAE) that warned of urgent repairs needed to prevent the city from being unprotected if the Guaíba River rose. The court also noted that the city encouraged urban expansion in protected areas, such as the neighborhoods of Sarandi, Humaitá, Farrapos, Menino Deus, and Praia de Belas, under the assumption that dikes and pumping stations would ensure safety.

The R$ 50 million fine is designated for climate adaptation projects in Porto Alegre, including the creation of linear parks, fluvial parks, rain gardens, and ecological corridors. Additionally, the sentence recognizes the right of individual residents, professionals, and businesses to seek compensation for specific material and moral damages caused by the inundation.