A flexibilização da legislação do uso de agrotóxicos no Brasil e suas consequências ao direito humano e constitucional à alimentação adequada

Abstract

This dissertation analyzes the new Law on Pesticides, a process that began in 2018 with the inauguration of President Jair Bolsonaro (2018-2022). This period was marked by the resumption and subsequent approval by the National Congress of Bill No. 6.299/2002 (replaced by Bill No. 1.459/22), which resulted in the sanction and replacement of the previous law (Law No. 7.802/89) by the new Law No. 14.785/2023, known as the "poison package". The use of pesticides influences food security and affects fundamental human rights, including the Human Right to Adequate Food (HRAF), which results in the guarantee of Food and Nutrition Security (FNS). With this legislative change on the use of pesticides in Brazil, promoted by Decree No. 10.833/21 and the "poison package", the risks to the DHAA are imminent, as the use of pesticides can present countless problems to health, the environment and food. The research problem presented here is how the new Agrotoxics Law (Law 14.785/23) affects the human and constitutional right to adequate food. Therefore, this study represents a reflection on the regulation of pesticides and how their effects are at odds with the right to adequate food and with human and constitutional rights, becoming a serious problem for society today. The research takes an international approach, with a comparative study of Argentina, the United States and India with Brazil, examining the similarities and divergences related to the use of pesticides and related legislation, considering that these countries have significant agricultural production and/or are major producers of agrochemicals. This study also aims to provide a brief understanding of the practices adopted in each country, contributing to a more comprehensive overview of the regulations and challenges associated with the use of these products. In terms of method, the hypothetical-deductive method was used, which seeks to eliminate errors based on the hypothesis that the fundamental right to food is threatened by the use of agrochemicals and their mass release. As for the methodology adopted in the study, it is descriptive and exploratory in nature, and bibliographical in terms of means, using data from official and unofficial databases, legislation, doctrine and case law. The study highlights the challenges generated by the process of transforming agricultural practices, which began with the "Green Revolution" and intensified the use of technologies such as transgenics and agrochemicals. Brazil is the leading consumer of these products and faces pressure from the agrochemical industry to relax regulations, which compromises fundamental rights such as access to adequate food. The new Agrotoxics Law (Law 14.785/23) represents a step backwards by putting food safety and public health at risk. Given this scenario, it is essential to adopt policies that balance agricultural efficiency with the protection of human and environmental rights, strengthening regulations and encouraging sustainable practices in agriculture.