Confederation of Agriculture and Livestock V. Ceará State Legislative Assembly

Reference :

6137 / CE

Complaint date :

No description

Status :

Final judgment

Place of jurisdiction :

Brazil, Brasilia

Plaintiffs types :

Unions

Plaintiffs names :

Confederação da Agricultura e Pecuária

Defendants :

State

Lawyers for Health and Environmental Justice :

No description

Case nature :

Constitutional

Specificities :

Direct action of unconstitutionality

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

All

Requests :

Annul law no. 16.820/2019 banning aerial pesticide spraying

Name of the Court :

Federal Supreme Court of Brasilia, Brazil

Jurisdiction level :

No description

Decision date :

May 29, 2023

Decision nature :

Positive

Decision content :

Dismissal of direct action for unconstitutionality

Legal basis :

No description

Court Ruling :

Link to the ruling

Summary :

On May 29, 2023, Brazil's Federal Supreme Court unanimously rejected the direct action for unconstitutionality filed by the Brazilian Confederation of Agriculture and Fishing against the Ceará state law, approved in 2019, banning pesticide spraying by air. The Confederation contested that a federated state could legislate in an area regulated by the federal state, and argued a violation of freedom of enterprise.

The Federal Supreme Court validated the constitutionality of the amendment to Ceará State Law no. 12.228/1993 made by Ceará State Law no. 16.820/2019, which introduced article 28-B: "The aerial spraying of pesticides is prohibited in agriculture in the State of Ceará.". Other states will thus be able to follow the path opened up by the State of Ceará.

The law n° 16.820/2019 is named after a local environmental activist - Zé Maria do Tomé - who was assassinated in 2010.

Scientific references :

No scientifice reference for this case.