Confederation of Agriculture and Livestock V. Ceará State Legislative Assembly

6137 / CE
No description
Final judgment
Brazil, Brasilia

Confederação da Agricultura e Pecuária
No description

Direct action of unconstitutionality
Annul law no. 16.820/2019 banning aerial pesticide spraying
Federal Supreme Court of Brasilia, Brazil
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May 29, 2023
Dismissal of direct action for unconstitutionality
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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.