Appeals court allows raid on asphalt plant investigated for environmental offenses

Paraguay's Public Prosecutor's Office has secured authorization to raid an asphalt plant in Yguazú following an appeal, after a lower court initially refused the request. The investigation centers on alleged environmental violations at the Tape Porã asphalt plant, located on Route PY02.

The case began with a complaint from a local resident whose six-year-old son suffers from chronic respiratory problems. The resident reported persistent emissions of thick smoke and strong odors emanating from the plant, which he claims are harming his child's health and negatively impacting the neighborhood. The Prosecutor's Office sought the court order to conduct a surprise inspection, verify environmental compliance, and seize relevant operational evidence.

However, a Guarantee Criminal Court judge initially denied the request on June 8, 2026, arguing that a raid should not be the first investigative step. The judge suggested that other measures, such as requesting reports from the Ministry of Environment and Sustainable Development, the Yguazú Municipality, or the Ministry of Public Works and Communications, should be exhausted first.

In response, environmental prosecutor Zunilda Ocampos Marín filed an appeal, contending that the Guarantee Criminal Court overstepped its authority by dictating investigative procedures. She argued that the court should not assume the functions of the investigative body and that denying the order would obstruct the process. The Prosecutor's Office maintained that all legal requirements for the inspection were met and that immediate verification of the site was crucial for gathering preliminary technical information.

The Tribunal of Appeals, First Chamber, of the VI Judicial District of Alto Paraná subsequently reviewed the case. It overturned the initial ruling, granting the Prosecutor's Office the authorization to proceed with the raid on the asphalt plant. This decision allows investigators to move forward with examining the facility and collecting evidence related to the environmental complaint.

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The Prosecutor's Office initiated the first proceedings in the framework of the investigation for alleged air pollution. Likewise, it pointed out that, upon compliance with the legal requirements, the court should authorize the measure so as not to obstruct the process, considering the immediate verification of the place and the obtaining of a preliminary technical report to be fundamental.