D.J.E.F s/ Amparo

SCJBA C. 111.706
No description
Final judgment
Argentina, Buenos Aires Province

Familia Monsalvo Fernandez
Fernando Cabaleiro

Civil court
Civil action for injunctive and declaratory relief
Herbicide, , Glyphosate, Cypermethrin
Require an Environmental Impact assessment before spraying toxic pesticides that were thought not to affect the environment or human health; Require a precautionary measure to prevent spraying in the rural vivinity of where there were done (200 m).
Corte Suprema of Buenos Aires Province, Argentina

August 8, 2012
The court considers that there is reasonnable doubt about the danger for the population of spraying pesticides close to houses, and the adequate process for these conflicts is in courts. it also considers the farming operation illegal because it violates a local law that prohíbits spraying pesticides at less than 1.000 m from houses.

The preventive approach,that aims to prevent destruction or pollution takes legal measures out of their traditional role to give them a function which justification is co-natural to not only private rights, but also public rights.