Confederation of Agriculture and Fishing of Brazil vs. Municipality of Boa Esperança et al.

Reference :

ADPF 667 / ES // nº 17623

Complaint date :

March 27, 2020

Status :

Not judged

Place of jurisdiction :

Brazil, Brasilia

Plaintiffs types :

Unions

Plaintiffs names :

Confederação da Agricultura e Pecuária do Brasil

Defendants :

Public collectivities

Lawyers for Health and Environmental Justice :

No description

Case nature :

Administrative

Type(s), Product(s), Active substance(s) :

All

Requests :

Cancellation of municipal by-laws prohibiting aerial application of pesticides

Name of the Court :

Supremo Tribunal Federal of Brasilia, Brazil

Jurisdiction level :

No description

Summary :

The Confederação da Agricultura e Pecuária (Confederation of Agriculture and Fishing) of Brazil has filed an appeal with the Federal Supreme Court against the municipal orders banning aerial pesticide spraying issued by several municipalities in the Espiritu Santo region in South-East Brazil. The Confederation of Agriculture and Fishing, supported by an intervention of the National Union of Aviation Companies, argues a violation of the freedom of enterprise and of the objectives of the agricultural policy (article 1o, IV; article 22, I, X and XVI; article 24, VI, §1o; article 170, caput e IV; and article 187, of the Federal Constitution). Several associations will also be heard as amicus curiae alongside the municipalities.

Scientific references :

No scientifice reference for this case.