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Structure of 35 meters becomes a judicial target due to alleged urban irregularity and lack of specific licensing, with defined deadlines and possibility of removal if municipal regulations are not met.
The Public Prosecutor’s Office of Maranhão filed a lawsuit against Havan and the Municipality of São Luís due to the replica of the Statue of Liberty installed at the chain’s unit on Avenida Daniel de La Touche, in the capital of Maranhão.
According to the agency, the structure of 35 meters high qualifies as an extraordinary advertising device, was implemented without the licensing required by municipal legislation, and produces visual pollution in a highly trafficked urban area.
The lawsuit was filed on April 3, 2026.
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In practice, the MP requests that the court compel the company to initiate, within 30 business days, the specific licensing process for this type of structure.
It also requests that the Municipality prioritize the request, including the formation of the technical committee responsible for the so-called interference analysis, a step provided for in local regulations for cases of this nature.
Nature of the statue and classification as advertising
The controversy revolves around the nature of the statue.
During the investigation, Havan argued that the monument is part of the brand’s visual identity, was installed on private property, and would not create disproportion or visual pollution, as the enterprise has a valid construction permit.
However, the Public Prosecutor’s Office states that this argument does not address the requirement for a specific license for the advertising piece, distinct from the authorization granted for the store’s construction.
To support the lawsuit, the Prosecutor’s Office presented a technical report from the Department of Architecture and Urbanism of the State University of Maranhão.
According to this report, the replica should be classified as a “fixed static self-supporting totem of extraordinary character”, with advertising purposes, because it functions as a commercial symbol of the retail chain.
The document also pointed out the need for the monument to undergo its own administrative procedure, with a specific assessment of the impact of the installation on the urban space.
Investigation began after complaint and notifications
According to the prosecutor Cláudio Rebêlo, head of the 2nd Public Prosecutor’s Office for Environmental Defense in São Luís, the case began to be investigated after a representation was presented in August 2021 by the collective #AquiNão.
From there, the Public Prosecutor’s Office opened an investigation to verify whether the installation complied with the urban and environmental regulations applicable to the capital of Maranhão.
During this procedure, the Prosecutor’s Office demanded clarifications from the Municipal Urbanism Secretariat regarding any oversight.
In a response sent on April 17, 2023, the agency informed that Havan had been notified to regularize the advertising structure, but that as of that date no measures had been taken.
Later, according to information from Blitz Urbana reproduced by the MP itself, three notifications were issued since 2023 and a notice of infraction was issued in 2025, without the irregularity being resolved.
This history was used by the Public Prosecutor’s Office to argue that there was, on one hand, resistance from the company to comply with the legislation and, on the other hand, omission from the municipal public authority in exercising the so-called urban policing power.
In a statement published on the institutional website, the MP stated that the judicial route became the necessary alternative to safeguard the collective interest in light of the continued presence of the structure without the required regularization.
Deadline, daily fine, and possibility of removal
In the preliminary phase, the central request is that Havan be obliged to submit the license application within 30 business days.
In parallel, the Municipality of São Luís, through the competent agencies, would have to give priority to the procedure, including convening the required commission for the technical analysis of interference.
The MP also wants the conclusion of the administrative process, with a final decision on the approval or denial of the license, to occur within 90 days, under penalty of daily fine.
The removal of the statue appears as a possible consequence, but not immediate.
According to the action, the removal of the structure should be ordered at the end of the process if the license is denied or if the company fails to promote regularization in accordance with municipal legislation.
At this point, the Public Prosecutor’s Office includes both Havan and the Municipality in the passive pole and requests the condemnation of both to ensure compliance with any decision.
In addition to removal, the agency also requested compensation for collective moral damages, to be reverted to the Fund for the Defense of Diffuse Rights.
The foundation presented by the Public Prosecutor’s Office relates this request to the installation of an advertising structure considered illegal, the visual impact imposed on the community, and the alleged failure of municipal oversight over the past few years.
Case still depends on judicial decision
The action still depends on a decision from the Judiciary regarding the preliminary requests made by the Public Prosecutor’s Office.
If the Judiciary accepts the initial thesis of the Prosecutor’s Office, the first practical consequence will be the formal opening of the licensing process, with expedited technical analysis by municipal agencies.
Only after this stage will there be an administrative decision regarding the permanence or not of the replica at the site.
Although the statue is one of the most recognized elements of Havan’s visual identity in various Brazilian cities, the case in São Luís began to be discussed based on the specific urban regulations of the municipality and the technical understanding adopted in the process.
The central point of the dispute, therefore, is not the existence of the symbol itself, but the legal framework of the structure and the need for a specific license for its installation in an urban area.
Until the official publication by the Public Prosecutor’s Office on April 14, 2026, there was no record of public manifestation from the company regarding the new legal action, according to reports reproduced by media outlets that covered the case.
Thus, the discussion remains focused, for now, on the foundations presented by the Public Prosecutor’s Office, the oversight history reported by the Municipality, and the future decision of the Judiciary regarding the deadlines and obligations requested in the action.
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