LIABILITY FOR DAMAGES CAUSED BY PESTICIDE CONTAMINATION: limits of Brazilian law in mitigating this socio-environmental impact
Autor(a) principal: | |
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Data de Publicação: | 2024 |
Outros Autores: | , |
Tipo de documento: | Artigo |
Idioma: | eng |
Título da fonte: | Campo - Território |
Texto Completo: | https://seer.ufu.br/index.php/campoterritorio/article/view/71608 |
Resumo: | Despite the long history of research into the risks caused by the extensive use of pesticides to the environment and human health, it is still very difficult to identify the causal link between the event and the damage, that is, proving that a certain product, on that occasion, caused that damage. The present work aims to analyze this difficulty in liability suits for pesticide contamination, as this evidence is essential for the lawsuit to be successful. Authors such as Bombardi (2017) and Pignati et al. (2017), among others, contributed to the writing. Jurisprudential research was carried out in the states of Mato Grosso, São Paulo, Pernambuco and Paraná, as well as interviews with judicial experts and a public labor prosecutor. In jurisprudence, it is clear that the judiciary is mainly triggered by damages to human health and crops, and in approximately half of the decisions, the causal link was not established, with the main obstacles being the failure to prove the relationship between pesticides and diseases, and pesticide drift to locations other than where it was applied. During the interviews, the complexity of these products was reported, as they are only identified under very specific temporal, spatial and quantity conditions. The combination of these analyzes demonstrates the need for investment in inspection and monitoring policies, as well as laboratory structures, so that the judiciary can be more effective in its actions, in addition to reviewing the pesticides allowed in Brazil and their maximum tolerated quantities. |
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LIABILITY FOR DAMAGES CAUSED BY PESTICIDE CONTAMINATION: limits of Brazilian law in mitigating this socio-environmental impactThe challenge of proving causality in lawsuits for pesticide contamination: limits of Brazilian judiciary in mitigating this socio-environmental impactpesticidecontaminationcausal linkpublic healthDespite the long history of research into the risks caused by the extensive use of pesticides to the environment and human health, it is still very difficult to identify the causal link between the event and the damage, that is, proving that a certain product, on that occasion, caused that damage. The present work aims to analyze this difficulty in liability suits for pesticide contamination, as this evidence is essential for the lawsuit to be successful. Authors such as Bombardi (2017) and Pignati et al. (2017), among others, contributed to the writing. Jurisprudential research was carried out in the states of Mato Grosso, São Paulo, Pernambuco and Paraná, as well as interviews with judicial experts and a public labor prosecutor. In jurisprudence, it is clear that the judiciary is mainly triggered by damages to human health and crops, and in approximately half of the decisions, the causal link was not established, with the main obstacles being the failure to prove the relationship between pesticides and diseases, and pesticide drift to locations other than where it was applied. During the interviews, the complexity of these products was reported, as they are only identified under very specific temporal, spatial and quantity conditions. The combination of these analyzes demonstrates the need for investment in inspection and monitoring policies, as well as laboratory structures, so that the judiciary can be more effective in its actions, in addition to reviewing the pesticides allowed in Brazil and their maximum tolerated quantities. Despite the long history of research into the risks caused by the extensive use of pesticides to the environment and human health, it is still challenging to identify the causal link between the event and the damage, that is, proving that a specific product, on that occasion, caused that damage. The present study aims to analyze this difficulty in liability suits for pesticide contamination, as this evidence is essential for the lawsuit to be successful. Authors such as Bombardi (2017) and Pignati et al. (2017), among others, contributed to the writing. Jurisprudential research was carried out in the states of Mato Grosso, São Paulo, Pernambuco, and Paraná, as well as interviews with judicial experts and a public labor prosecutor. In jurisprudence, it is clear that damages to human health and crops mainly trigger the judiciary which, in approximately half of the decisions, the causal link was not established, with the main obstacles being the failure to prove the relationship between pesticides and diseases, and pesticide drift to locations other than where it was applied. During the interviews, the complexity of these products was reported, as they are only identified under particular temporal, spatial, and quantity conditions. The combination of these analyses demonstrates the need for investment in inspection and monitoring policies, as well as laboratory structures, so the judiciary can be more effective in its actions, in addition to reviewing the pesticides allowed in Brazil and their maximum tolerated quantities.EDUFU2024-03-15info:eu-repo/semantics/articleinfo:eu-repo/semantics/publishedVersionapplication/pdfhttps://seer.ufu.br/index.php/campoterritorio/article/view/7160810.14393/RCT185271608Revista Campo-Território; v. 18 n. 52 (2023): set./dez.; 242-2661809-6271reponame:Campo - Territórioinstname:Universidade Federal de Uberlândia (UFU)instacron:UFUenghttps://seer.ufu.br/index.php/campoterritorio/article/view/71608/38450Copyright (c) 2024 Revista Campo-Territóriohttp://creativecommons.org/licenses/by-nc-nd/4.0info:eu-repo/semantics/openAccessSouza, Beatriz Carvalho deVasconcelos, Vitor VieiraNascimento, Victor Fernandez2024-03-15T19:28:23Zoai:ojs.www.seer.ufu.br:article/71608Revistahttps://seer.ufu.br/index.php/campoterritorioPUBhttps://seer.ufu.br/index.php/campoterritorio/oaijcleps@ufu.br || campoterritorio@ig.ufu.br1809-62711809-6271opendoar:2024-03-15T19:28:23Campo - Território - Universidade Federal de Uberlândia (UFU)false |
dc.title.none.fl_str_mv |
LIABILITY FOR DAMAGES CAUSED BY PESTICIDE CONTAMINATION: limits of Brazilian law in mitigating this socio-environmental impact The challenge of proving causality in lawsuits for pesticide contamination: limits of Brazilian judiciary in mitigating this socio-environmental impact |
title |
LIABILITY FOR DAMAGES CAUSED BY PESTICIDE CONTAMINATION: limits of Brazilian law in mitigating this socio-environmental impact |
spellingShingle |
LIABILITY FOR DAMAGES CAUSED BY PESTICIDE CONTAMINATION: limits of Brazilian law in mitigating this socio-environmental impact Souza, Beatriz Carvalho de pesticide contamination causal link public health |
title_short |
LIABILITY FOR DAMAGES CAUSED BY PESTICIDE CONTAMINATION: limits of Brazilian law in mitigating this socio-environmental impact |
title_full |
LIABILITY FOR DAMAGES CAUSED BY PESTICIDE CONTAMINATION: limits of Brazilian law in mitigating this socio-environmental impact |
title_fullStr |
LIABILITY FOR DAMAGES CAUSED BY PESTICIDE CONTAMINATION: limits of Brazilian law in mitigating this socio-environmental impact |
title_full_unstemmed |
LIABILITY FOR DAMAGES CAUSED BY PESTICIDE CONTAMINATION: limits of Brazilian law in mitigating this socio-environmental impact |
title_sort |
LIABILITY FOR DAMAGES CAUSED BY PESTICIDE CONTAMINATION: limits of Brazilian law in mitigating this socio-environmental impact |
author |
Souza, Beatriz Carvalho de |
author_facet |
Souza, Beatriz Carvalho de Vasconcelos, Vitor Vieira Nascimento, Victor Fernandez |
author_role |
author |
author2 |
Vasconcelos, Vitor Vieira Nascimento, Victor Fernandez |
author2_role |
author author |
dc.contributor.author.fl_str_mv |
Souza, Beatriz Carvalho de Vasconcelos, Vitor Vieira Nascimento, Victor Fernandez |
dc.subject.por.fl_str_mv |
pesticide contamination causal link public health |
topic |
pesticide contamination causal link public health |
description |
Despite the long history of research into the risks caused by the extensive use of pesticides to the environment and human health, it is still very difficult to identify the causal link between the event and the damage, that is, proving that a certain product, on that occasion, caused that damage. The present work aims to analyze this difficulty in liability suits for pesticide contamination, as this evidence is essential for the lawsuit to be successful. Authors such as Bombardi (2017) and Pignati et al. (2017), among others, contributed to the writing. Jurisprudential research was carried out in the states of Mato Grosso, São Paulo, Pernambuco and Paraná, as well as interviews with judicial experts and a public labor prosecutor. In jurisprudence, it is clear that the judiciary is mainly triggered by damages to human health and crops, and in approximately half of the decisions, the causal link was not established, with the main obstacles being the failure to prove the relationship between pesticides and diseases, and pesticide drift to locations other than where it was applied. During the interviews, the complexity of these products was reported, as they are only identified under very specific temporal, spatial and quantity conditions. The combination of these analyzes demonstrates the need for investment in inspection and monitoring policies, as well as laboratory structures, so that the judiciary can be more effective in its actions, in addition to reviewing the pesticides allowed in Brazil and their maximum tolerated quantities. |
publishDate |
2024 |
dc.date.none.fl_str_mv |
2024-03-15 |
dc.type.driver.fl_str_mv |
info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion |
format |
article |
status_str |
publishedVersion |
dc.identifier.uri.fl_str_mv |
https://seer.ufu.br/index.php/campoterritorio/article/view/71608 10.14393/RCT185271608 |
url |
https://seer.ufu.br/index.php/campoterritorio/article/view/71608 |
identifier_str_mv |
10.14393/RCT185271608 |
dc.language.iso.fl_str_mv |
eng |
language |
eng |
dc.relation.none.fl_str_mv |
https://seer.ufu.br/index.php/campoterritorio/article/view/71608/38450 |
dc.rights.driver.fl_str_mv |
Copyright (c) 2024 Revista Campo-Território http://creativecommons.org/licenses/by-nc-nd/4.0 info:eu-repo/semantics/openAccess |
rights_invalid_str_mv |
Copyright (c) 2024 Revista Campo-Território http://creativecommons.org/licenses/by-nc-nd/4.0 |
eu_rights_str_mv |
openAccess |
dc.format.none.fl_str_mv |
application/pdf |
dc.publisher.none.fl_str_mv |
EDUFU |
publisher.none.fl_str_mv |
EDUFU |
dc.source.none.fl_str_mv |
Revista Campo-Território; v. 18 n. 52 (2023): set./dez.; 242-266 1809-6271 reponame:Campo - Território instname:Universidade Federal de Uberlândia (UFU) instacron:UFU |
instname_str |
Universidade Federal de Uberlândia (UFU) |
instacron_str |
UFU |
institution |
UFU |
reponame_str |
Campo - Território |
collection |
Campo - Território |
repository.name.fl_str_mv |
Campo - Território - Universidade Federal de Uberlândia (UFU) |
repository.mail.fl_str_mv |
jcleps@ufu.br || campoterritorio@ig.ufu.br |
_version_ |
1798315119671771136 |