Marco regulatório acerca dos agrotóxicos no Brasil: uma análise do exercício da competência legislativa municipal sobre agrotóxicos no âmbito de Sousa-PB.

Abstract

The right to the ecologically balanced environment was constitutionally enshrined, and it was the responsibility of the public power and the community to defend and preserve it for present and future generations. In addition to the system of shared responsibilities, some duties were specifically entrusted to the Public Power. Among them, the most important is to control the production, commercialization and use of substances that present risks to life, quality of life and the environment. Agrochemicals, chemicals in the chemical industry, are substances that must be controlled by the government due to the magnitude of the damages they can cause. One example is the damage caused by the widespread and unrestricted use of the insecticide dichloro-diphenyl-trichloroethane (DDT), a substance known today as carcinogenic. Therefore, in order to guarantee the fundamental right to the balanced environment, as well as social right to adequate food, this guaranteed in art. 6, of the Federal Constitution of 1988, which provides for the guarantee of food free of pesticides, the legal order of the country establishes regulatory norms for the registration, commercialization and use of pesticides, respecting the distribution of competences set forth in CF / 88, resulting from the federative model adopted. In light of the above, the objective of this scientific work is to analyze such norms and, especially, within the city of Sousa-PB, to verify if the municipal Legislative Power has acted in the sense of, within the additional competence that is conferred on it, produce The rules regarding the use and storage of pesticides, considering local reality and interest, initially demonstrating the history about the use of pesticides in Brazil and in the world; Identifying the main pesticides and their effects on human health and the environment; And pointing out, from a legal perspective, the legislation that governs the matter, besides the competence to deal with it in agreement with the entities of the Federation (Union, States and Municipalities). To do so, it carries out a bibliographical survey and a documentary research, associated with information collected from the City Council of Sousa, Sanitary Surveillance and the Department of Agriculture and Environment of the Municipality, necessary to contextualize the theme proposed herein. So, knowing the reality about the legislation governing the use of pesticides in the municipality can outline the ways to minimize the impacts of such practice on the environment and collective health.